Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1910-06-30
ORANGE COUNTY COURT.

The third case tried by Jury was that o
Henry Emerson, b. n. I. VS.. Corry-Deayitt
Frost Electric company. The plaintiff
q minor, who for the past two years has
made his home in Randolph, hired out In
the fall Of 1907 TO work for one Charles
Hackett, contractor who had taken 4
contract from the defendant company t.
exeavate and grade for the construction oil
q penstock to convey water from a dam to
power house owned by the defendant
company in Montpelier, which contract
required him to grade agreeably to the
/ figures marked on the stakes alongside
the line OF excavation by the engineer who
made the survey, and near the close OF the
work OF his contrast he discovered that
the engineer had made an error in his
calculations at point marked on a GER
+ tain stake, and in order to correct the
error would necessitate further excavation,
which work be refused to do, claiming
that il did not come within his contract,
and therefore left his men TO complete the
contract as he understood ii and forbade
his foreman to perform the work OF exca-
waiting to correct the error OF the engineer,
and he went away to superintend the
work of some other contract he had taken.
During his absence, the evidence tended
to show that Mr.. Frost of the defendant
company went to Hackett's foreman and
ordered him to take his men sud some he
FROST would furnish him and do the ex-
ira work OF excayating and he tFrostl
would pay for the work by the day. And
il was white doing this work that the
plaintiff was the victim OF dynamite ex-
plosion which has resulted in leaving him
oil - A.. -
against the defendant company to recover
$4,000 for the injury which be alleged to
have been the result Of their negligence.
The defendant company took the posi-
tion that the error OF the engineer did
not affect in anywise the contract for the
excavation and grading and that the liza
bility was therefore that of the contractor
and not their own as alleged BY the plain
tin. The jury, however, after two hours
elaboration, found that the company was
liable and rendered verdict for the plain
tin to recover the sum OF Is, $50. SO and his
costs. Attorneys NJ. NJ. Gordon OF Barre
City and r. M. harvey OF Montpelier ap-
peared for the plaintiff aud f. II. DeavitI
Of Montpelier and E. w. Smith of Wells
River for the defendant company.
The next case which stood for trial las
that of William c. Sanborn of Bradford,
Admr. Of the estate OF Eunice Y. Com
stock, VS.. Abe Jacobs OF Corinth. In this
case the administrator sued to recover the
amount OF the estate OF Mrs. Comstock,
about 5000, which is in the hands OF the
defendant and which he claims was given
to him by the deceased in her Lifetime
for her care and support. The taking OF
the testimony OF about fifty witnesses and
the arguments OF counsel occupied the
attention OF the court an entire week, aud
went to the jury Saturday. This is case
in which counsel we're numerous, as well
as witnesses, the plaintiffs interests hav-
ing been looked after by NJ NJ. Gordon
and John w. Gordon OF Barre city and
w. II. Sprague OF Chelsea. while the de-
fendant's interests were safeguarded by ID.
s. Consnt and + S. Williams of Brad
ford, Smith q Smith OF Wells River, Oar
ling & Wilson of Chelsea and Il. NJ. Hsr-
vey Of Montpelier.
The only state case disposed OF thus far
is that of State IS. Homer Spooner Of
Brookfield. In this case, the respondent
is lad Of nine years v no last fall set fire
to some combustible material which was
in close proximity to barn. The FIRE
was discovered in season to prevent its
making any Roadway in the destruction
of the barn. The lad was bound up to
county court and being unable to furnish
bail was committed to the State Industrial
school for safe keeping, where he has been
until brought here for trial last week.
When arraigned, be pleaded guilty to ar
son, and was sentenced to the State Indus
trial school during the remainder of his
which sentence was suspended
and the respondent placed in the custody
OF the county probation officer. The pros
ecution was conducted by states Attor-
ney s. G. Wilson and w. II. Sprague APP
peared for the respondent.
There are three more civil causes which 4
stand for trial by jury, after which there
will be some criminal work for the jury,
by divorce. court and chancery
matters, and it is more than probable IL I
all the cases which now stand for trial aud 4
hearing are tried and heard that it will 4
take two or three weeks longer to com
plete the work Of the term.