Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-01-05
Damages of 100000 from Grand
Trunk Were Sought for
Loss by Fire.
ROAD MUST PAY $&,S32.@
Appeal from Sentence of Mrs
Averill for Killing Husband
Is Continued-Many
Opinions Given.

Montpelier, Jan 5.--The January term
of the Supreme Court convened this
morning in the court room Mt the State
House with all the Judges and n soodly
representation Of the bar from nearly
every county in the State present. Pray
or was offered by the Rev. Ward r..
Clarke, pastor Of the Church Of the Mes
siah and proclamation opening court
was BY Deputy Sheriff John L. futile.
In tho reading of tho trial calendar
which came first disposition was made
OF the following cases:
state rs. william Rixford. rape, from
Orleans county, exceptions waived
Pansy Sweet vs. Arthur Corliss, bas-
tardy. from Franklin county, settled and
discontinued state VS.. Edward Hurl-
burt assault with intent to Kill, and
state vs.. Josephine Averill. murder. both
from Franklin county, were continued.
Lamole County National bank VS., p.
A. Hunt debt or judgment. continued.
Annie NJ. Bean, eXecutrix, VS.. George
and Morris Atkins, ejcctment, from
Washin gton county, continued.
Frances ] Bishop of Readshoro
Chair Manufacturing company, from
bennington county. continued.
HISTORY OF VAN DYKE CASE.
Opinions were handed down in sew
eral cases, the most important. per-
haps. of which was the Caledonia
county case OF George Van Dyke vs..
the Grand Trunk Railway company.
which has been a noted case on the
dockcts of Vermont since 1903. In
that year large tracts of land in Es-
sex county owned by George Van
Dyke the millionaire lumberman, were
burned over during the August drouth
Suit was brought by the plaintiff
against the defendant company with
damages fixed at 100000. as the
claim was made that the fires which
destroyed the woodland Of the plain
tiff we're set by the locomotives of the
defendant company.
This case was docketcd in Gale
donna county in August, 1904 1t was
first intended to try it by struck
Jury. but inasmuch as it was seen that
il would take from four to six weeks
TO try the case ~ consent of both
parties It was referred to Horace F.
Graham. w. II. Taylor and F. 5. Plat
a. .pecial referees for hearing.
The time taken by the referees for the
hearing Of the case occupied nearly four
wears and nearly 10000 pages OF testimony
we've taken. In November. 1862, the ref
erees rendered their report to the pro-
siding Judge OF Caledonia county court,
awarding the plaintiff s34.332.2o, The de-
PENDANT company appealed the case to
vol
and the opinion handed down to-day by
judge Seneca Haselton, which took an
hour and a half to read, affirmed the
Judgment of the lower court on the re-
port OF the referees and makes final dis
position Of the case. The Grand Trunk
Railway company will now Q obliged To
pay the estate Of George Van Dyke the
sum named with interest from Novem-
her 80, 1909.
PLAINTIFF WAS KILLED.
Some two years ago the plaintiff was
instantly killed in an automobile acct
dent. hut the case has been carried on
nv Thomas II. Van Dyke of Hereford, P.
@, his brother.
In the Orleans county case of Human
Slayton VS.. Nellie g Davis. trover, an
settled and discontinued
John J. Kilby VS.. G. l.. Irwin, from
Orleans county. In the lower court
the plaintiff WAS awarded a verdict OF
sas42o FOR injuries done to timber on
his land caused BY fres that original
ed on the land OF the defendant. In
this connection there was also pc
alton for new trial The opinion
handed down to-day by udge Munson
, reverse. the Judgment OF the lower
court. remands tho case and sustains
with costs the petition for new trial,
Loren 5. Alden vs. Edward c. Hall
ct al. from orleans county, settled
and discontinued
CREAMERY PACKAGE CASE.
The Creamery Package Manufactur-
,rg cornnnny VS. James F.. Russell, Jo-
.enh prenevost and Mrs Carl Beach,
trustees. common counts, from Rut-
land county. In tho lower court there
was a Judgment for the plaintiff ana
the trustees chargeable for s3ls'
chief Judge Rowcll read an opinion
in this case to-day. the entry OF which
I. n. follows: Judgment against the
rroposed debtor affirmed; Judgment
against the trustee reversed, am judg-
men, against him for &27+.os with in
terest.
George II. and Jennie NJ. Chur"hili VS.
| F. r. Capen, from Addison county; De
cree reversed and cause rcmandcd' inc
question Of costs to be further consid-
cred. opinion by Judge Watson.
Mark Mears vs. Harry Daniels and
Barre Savings bank and Trust company
trustees, general asshmpsit: In the low
er court there was a verdict for the de-
PENDANT on book account and Judgment
on verdict. The opinion to-day by Judge
Watson affirns this judgment,
| George f. Downing VS.. Burt Burnhan
| ct al, trespass. from Washington
county; Judgment affirmed and cause
remanded for assessment of damages
opinion by Judge Munson.
DRUG COMPANY LOSES APPEAL
state VS.. Burlington Drug company
selling, frcm Chittenden county The
respondent held fourth class license In
| burlington and was fined 500 and costs
for selling cordials of which pint sam
pies had not been submitted for exam
nation. The defense In the Supreme
Court was that the law under which
the respondent was fined is unconstitu-
tional. Judge Haselton read an opinion
in this case. the entry of which is that
| there is no error In the proceeding. that
the respondent takes nothing by his ex'
| ceptions and that execution be done.
Oliver IL. Jenness VS.. Walter Simpson