Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-10-03
SUPREME COURT
OPENS FALL TERM
First Day Occupied by Full
Bench in the Reading Of
Decisions.

MONTPELIER Oct. 1.-Supreme court
opened the october term this morning
with the full bench present and a large
attendance Of lawyers. The Rev. Will
lam Shaw Of Trinity Methodist Church
made the opening prayer, after which
Deputy Sheriff John L. futile proclaim
cd the opening Of court After the read
ing of the trial docket and making OF
entries, the reading of decisions was
taken up and consumed the remainder
Of the day.
The following cases were docketed as
setted and discontinued: David G.. Per-
kins vs. John Cunningham Josephine
NJ. Waldron vs.. +. +. F'reegeau Charles
A. Todd VS.. William Rice. from orleans
county Emma Fisher. admir-, ct. al. VS..
w. u. Fisher, admir-. ct. al F. +.
| Ketchum and Charles ]. Ketchum vs.
Heber 7. Holman; Herbert F. Cham
berlain vs. Oramel r. Chamberlain.
Orange: John Wilmouth VS.. Wallace
Brown: George Johnson VS.. George Uric.
in re Ezekiel p. Olds's will; C. f. Dono-
van vs. Jewell Brook Wooden company,
Windsor.
The following opinions were read
Emma l.. Davis by next friends against
| Boston & Maine railroad, an action for
negligence from Orange county; judy
ment for 5000 reversed, verdict set
aside and judgment for the defendant;
opinion by Judge Rowell
Joseph Boville vs. Dalton Paper COM
pany. All action of assumpsit. from Es-
sex county; opinion by Judge Munson;
judgment for $3.50o affirmed.
Herbert l.. Daley VS.. Swift & Co.. neg
lligence, from Orleans county: opinion by
Judge Watson. Judgment reversed ant
cause remanded.
International Textbook company vs
Colonel r. Lynch, an action Of genera
land special assumpsit from Caledonia
county: opinion BY Judge Haselton. Judg'
ment Of county court affirmed with costs
The motion for reargument In II. II
Powers VS.. Rutland Railroad compan,
will be heard next Tuesday forenoon.
During the afternoon session the hand
ing down of decisions was continued
Judge Haselton read the opinion in tn,
Franklin county case of James f. Fitz
sinlImons against Richardson. Twigg &
Co., in which the judgment of the lowel
court was reversed and cause remanded
The Windsor county case of Allen I.
ct al. was reversed and cause remandet
and decree ordered for the orator.
In the Washington county case OF Stat,
against James II. Kelley. case arisin.
from the alleged allowing of dog t.
run at large without collar. Judge Nun
son held that If the dog lost its cola
without the knowledge of the owner ant
then ran about. this did not constitute al
il~,, ~.
the meaning of the law. The case cam
, from Barre city court. The responder
was ordered discharged
Judge Munson gave an opinion af
firming judgment and remanding caus,
in the Rutland county case of Nelson
w. Cook against Maryette L. Lane an,
Patrick H. Lane.
, In the Caledonia county case o
Minnie o. Patch against Walter D
Patch. divorce. in which the lowe
> court held 1t had no juris LECTION be
cause the libelant jid not reside in tn
county, Judge Hazelton's decrsion re
versed Judgment and remanded tn
cause
, Another Caledonia county case
, that of State against Willard Lindsa;
lpracticing medicine without license
judgment found without error and af
lfrmed.
In Albert T.. Magoon against Aaro
: w. Eastman breach of covenant, fror
4 Orange county. Judge Munson read!n
! the opinion. Judgment for plaintiff I
n lrecover $176SO reversed and costs t
4 defendant in this court.
In the Rutland county case of Irv
Ing N. Chase against Glenn Robinson
common counts. JUICE Haselton re
: lversed the decision ana remanded tn
n case.
= The last case Of the afternoon wa
4 from Orange county. William C. Sar
= born. adm. Of the estate of Eunice
t Comstock against Abe Jacobs an
e trustees. Judge Powers found jude
S ment for plaintiff to recover $SSS.