The Barre daily times. (Barre, Vt.) 1897-1959, 1911-01-03
By Which George Van Dyke
Was Awarded S34,332.20
FROM GRAND TRUNK R. R.
Vermont Supreme Court To-day Backed
Up the Special Comnlission-Janu-
airy Term of the Court Opened
This Forenoon.

The Vermont supreme court convened
at Montpelier to-day for the January
term, with all the judges present and
about twenty-five lawyers in attendance
also. Prayer was offered by Rev. Ward
r. Clark Of Montpelier, after which the
docket was read. Notice was given of
the continuance Of the case OF State vs..
Josephine Averill, in which the respon-
dent takes exceptions to the trial IN
franklin county court, where she was
convicted Of shooting her husband, Frank
g. Averill. to death Continuance was
granted because the exceptions were not
ready for the court.
Likewise, continuance was granted
in the case OF State VS. Edward Hurl-
burt, also from Franklin county, in
which the respondent was charged with
assault with intent to kill. States At
torney George NJ. Hogan of franklin
county stated that the exceptions in
both cases would probably be ready by
the February term of supreme court.
The most important opinion handed
down this forenoon was in the celebrated
suit Of George Van Dyke. the millionaire
lumberman, recently killed in an auto
mobile accident against the Grand
Trunk railroad company Of Canada in
which the plaintiff sought to recover
damages for forest fires said to have
been started by locomotives. He had
sued for 100000. The case was referred
to special commission, consisting of
Fred S. Platt, Horace F. Graham and
W. b. Taylor. This commission. after
taking 5000 typewriter pages Of testi-
mony at several hearings, brought IN a
verdict for the plaintiff to recover
S34,332.20.
The supreme courts opinion which
was read by Judge Hazelton to-day. af-
frmed the decision of the special com
mission and overruled the two dozen
exceptions which the defendant company
had brought
In the Rutland county case of Cream
cry Package company vs. James T..
Russell and others, the decision of the
lower court for the plaintiff was
affirmed as to the principal defendant
and reversed as to the trustee and Civ.
ing s274.09 for the plaintiff against the
chief defendant
In the Orleans county case OF John j.
Kilby vs.. C. /. Erwin, the Judgment of
the lower court Of s2S420 for the plain.
tiff was reversed and the cause was
remanded.
In the Addison county case of George
II. and Jennie M Churchill VS.. Ford and
Capen. the decree was reversed. the cause
remanded and the bill dismissed, with
further order. This is over some land
in Goshen; and the supreme courts deci-
sion does not prejudice the case.
There are only two Washington coun-
ty cases for hearing at the present
term, as follows: Wheaton ct al. IS.
Cutler, and Friend Whitcomb VS. Harry
w. Whitcomb. In the Orleans county
case OF State VS.. Rixford, charged with
rape, exceptions were waived to-day.
The trial calendar contains 81 cases
The first cas- set for trial is from Or
leans county, Arabelle Parker vs.. the
Boston & Maine railroad company, in
which in the lower court the plaintiff
was awarded verdict of $1,000 for
injuries received in a wreck on the road
of the defendant company near Barnet
The plaintiff was a teacher of short
hand in Boston.
No cases are assigned for argument
from Addison county. The one Chitten
den county case, set for trial the first
week, is State VS.. Beatrice E. r, Thomp-
son. The Orange county case of Henry
Emerson, by next friend, vs.. the Cory
Deavitt Frost Electric company, in
which the plaintiff in the lower court
was awarded a verdict of $4,000 for in.
juries caused by an explosion of dyna
mite while he was at Wbrk for the de-
fendant company, is set for the first
week