Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-10-03
NEGLIGENCE CASE BEGUN.
Relatives Of Carroll Horsford Seek Ia
Recover for His Death.

The case of Mary A. Horsford, admx,
VS. Keil Myers. Balthasar Treb and
Justin Bruncl, and the Vermont Con-
,ensed MIX company of Richmond was
taken up in Chittendy county court Thurs
day. The action is by the next of kin
Of Carroll IIorsford to recover damages
OF 5000 on account of his death. due,
as claimed by plaintiff. to the negligence
Of the defendants.
After the jury was secured. counsel on
both sides made opening statements of
their respective claims. and those will
show the nature Of the case. X. T.. Brown.
for the plaintiff. said in substance: There
is In the town of Jericho a district known
as Nashville, and at a point in the high
way where cross road intersects the three
defendants first named had a certain
milk stand. where they were accustomed
to set their milk cans for the gatherer
OF the Vermont Condensed Milk company
to collect. There had been an old stand at
the same point and it became broken
down. The defendants furnished material
and two of them did the work Of recon-
structing the milk stand in May. 1911
ON the 18th of June. 1911, the deceased
% years old, started from home in West
I'oltbl WIFI Il lOuu OF lumDer, going
Richmond. He had lumber wagon and
a team of horses. There was an old rub
her boot over the milk cans that morn
ing. and as the young man drove his team
near the milk stand one of the horses
SHE'D and crowded the loaded wagon
towards the ditch on the opposite side
from the milk stand The load tipped
over, and the young man. who was sit
ting on top of the load. was buried be-
meath It The accident resulted IN his
death the same day, and for the benefit
Of his next of kin--hs father and mother
the suit is brought.
l.. r. Wilbur. for the defendants. in mis-
opening statement said it would appear
the milk stand was not I'm the highway;
that II was fi' an object calculated
to Brighten team. { ordinary genteness
that the road was in good condition. and
safe for teams. that tho deceased had on
"A very heavy load of green lumber; that
just before getting to the milk stand
was bridge and there the ground was
a little rising; the load was heavy and
the horses had to pull hard. that the
young man sat on the front end OF the
load with his feet hanging over the horses
that to urge his team he kicked the off
horse. and that resulted in crowding tho
other horse and the load towards the
ditch; that at the time his lines were so
loosely held that he could not control
his team as it veered towards the ditch
and that the result was the tipping over
of the load: that it was the negligence
of tho deceased that brought about his
death and not the frightening of his
horses by the milk stand with its milk
cans. which was not calculated to
frighten horses.
The plaintiff called til defendants to
the stand and showed as to the re-
erection of the milk stand The plaintiff
also called two witnesses who had pa ssed
the milk stand in the summer of 1911
near the time of the accident, both drtv-
| ing with single horse and wagon, and
| in each 'ase the milk stand, or what was
| upon IL, scared their respective animals.
| At this point recess was taken until
| morning.