The Barre daily times. (Barre, Vt.) 1897-1959, 1912-04-05
Settlement Out of c Is J, John
Gaynor vs.. : : Bros.
LEFT C0Es.,l DOCKET SLACK
Amount of Damages Agreed on Is Re-
ported to Have Been 81, ,ooo-Gaynor
Was Employed on Defendants
Quarry Last Summer.

Court matters were rather at stand
stil in Washington county court to-day
because Of a settlement Of the suit of
John Gaynor vs. Barclay Bros. OF Barre,
which was set for trial at the close Of
the Olds will case. The amount of the
settlement in the case is reported to
be 81 800. The negotiations leading to
the settlement and consequent erasure
OF the case from the docket were com
Pleted last evening, it having been an.
pouneed in court that the case was put
over until this morning.
John Gaynor was employed as a quar-
ryman on the defendant company's
quarry when injured last summer, hav-
ing his legs broken He alleged that
tie injuries We're due to negligence.
Gaynor was represented in court by John
". Gordon, while John G. Sargent and
". B. &. Stickney represented the de-
fcndant company.
The next case on the docket is the
contested viii case Of A. c. Brown of
Montpelier. the appellant in the action
being Rome G Brown of Minneapolis.
Another Case Settled.
Attorneys in the ease Of Henry Emer.
son OF Randolph versus Cory, Deavitt
1 Frost Electric Co. Of Montpelier, came
together this morning and after short
conference adiHsted the amount of the
damages to be awarded to the plaintiff.
The agreement terminates a long and
bitter struggle which started when At
torney NJ. NJ Gordon Of this city, acting
against the Montpelier company for S25,.
0nn in Orange county court. The plain
tiir was awarded verdict and the de.
cision was appealed to supreme court
The case was argued in the January,
1911 term and the two sides were wait
ing for decision when it was an
nounced that one Bert Rogers had eff.
fected a settlement with Emerson for
Sl 600.
Counsel for the plaintiff contended be-
fore supreme court that, the boy had
not been properly advised and asked the
court to set aside the proposal for set
tlrment, The court appointed Attorney
Rufus i. Brown Of Burlington to inves-
tigate the matter and several hearings
had been conducted within the past few
months. A large number of witnesses
had been put on the stand before At.
t0,nev Brown to shown that Emerson
wa- mentally incompetent to manage his
own affairs The last hearing was to
have been held this morning when the
attorneys got together and came to a
II is understood that Emer-
SON viii get between $3 600 and $4,000
The accident which preeipitated the
far Il in, ber
lg09 when the Cory Frost & Deavitt
Go. was constructing an electric plant
near Montpelier 1t was alleged that
oung Emerson who was employed by
The company at tse time. was sent to
a cleft in the rocks where
dynamite had been exploded His pick
axe struck an unexploded stick of sub
stance and an explosion followed. EN-
'rson was blinded temporarily and did
not regain his sight for several weeks.
Ila was taken to hospital 1t is
said that he is able to see now only
with strong lenses.
Through Attorney Gordon. Emerson
,ued for S25.000. and as he was resi-
lent of Randolph, the case was return.
.blc in the June term of Orange county
.ourt at Chelsea. The plaintiff was
awarded damages in the sum of S.
1888. but the case was appealed and
t was while supreme court in session
Il Montpelier was hearing the case that
he settlement took place.
In the lower court the defendants werS
epresented by f. H. Deavitt of Mont
,elier and f. w. Smith of Wells River,
icing opposed by Attorney Gordon. In
ht higher court, the same counsel with
lie addition Of w. A. Lord of Mont
,elier appeared for the defendants. For
lie plaintiff Attorney Gordon was as
listed by +. VI. Harvey of Montpelier.