St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1912-02-14
VERMONT News
supreme Conrt ID MontpeIier.

supreme Court at Montpelier.
Supreme court in session at Mont
pelier last week in the Caledonia
county case Of Inez Goodall VS.. B IT.
Drew, trespass, in which the lower
court gave verdict for the defend
ant, Judge Rowell read an opinion
reversing Judgment and demanding.
In the Essex couny case of G. III.
Green, Adm, VS.. A. ]. Cross, L. p.
Slack of st. Johnsbury asked for
continuance and also continuance
for Caledonia case OF Martha Mason,
Co.
The first case on the trial calen-
dar was then heard, Hattie Willard
VS.. r. F.. Norcross, an Essex county
case alleging malpractice in the
treatment of two broken wrists. The
case was docketed In 1905, and the
first verdict was for plaintiff in $500
which was reversed. Second YER
dict for plaintiff was for $1,000
which was affirmed and a new trial
was granted, judgment being revers-
ed.
The trial jury allowed a $4,000
verdict for plaintiff and the case
was with the court last term on
exceptions. The action before the
court is to set back the case to
county court.
Attorney Blake for the plaintiff
argued that a case can be made out
at another trial and asked that the
case be remanded. He cited numer-
Gus cases bearing on the point and
held that as certain evidence was
presented at two trials and not at
the third it could be produced at
the next trial.
Attorney George L. Hunt for
Norcross argued that the new testi-
mony available was purely expert in
nature and that not one of the wit
nesses had seen or treated the frac-
tured wrists on which the case is
founded. He held that two motions
of similar nature could not be pend
ing before the court at the same
time, as is the case here. He char
acterized the newly discovered evil
dence of the plaintiff as being new
fly made" evidence. He said it was
sought to change the suit from
grounds of negligent treatment to
that of wrong diagnosis.
Attorney Simonds requested that
entries of discontinuance be made
in the Caledonia county cases Of
Charles f. Smith against Ted W.
Goethe and Joseph Sicord and Peter
Sicord against Fred Gilman and
Daniel Gilman and Gilman Brothers.
Mrs. Mary C. Leavitt, for 40
years an honorary president of the
Worlds Woman's Christian Tenn
perance Union and a traveller in
many of the lands in that behalf
died in Boston on Feb. 5. Mrs.
Leavitt was 80 years old and was
born in Hopkinton, N. H., in 1857
and married Thomas H. Leavitt of
Thetford, VT. She has Travelled 200,-
900 miles and with the aid of
Interpreters spoke in 81 languages.
Thomas E. Morris of Bellows Falls
was discovered on Feb. by a crew
of a switching engine. Mr.. Morris
left his home in the evening to go
to Walpole and on his return home
the fatality occurred. Just after he
passed the railroad crossing on the
main road he came to a fence which
he attempted to cross and fell a
distance of 40 feet. He was so ex
hausted that he cRawled on a rock
and remained there. For the past
80 years he has been employed at
Moore & Johnson's. He tended
machine and later became boss. He
is survived by his wife, two sons
and three daughters.
In the course of his remarks be-
fore the New England Association
of Commercial executives at Boston
Feb. z, Cy Warman, press represen-
tative of the Grand Trunk railroad,
made the statement that the main
line of the Central Vermont railroad
is to be double-tracked from the
Canadian line to White River juno
ton.
Charles Lufkin of Bristol, aged 40
years, met with instant death on
Feb. 3. He was ehopping a tree
down and it lodged falling on him,
breaking one leg and cutting his
head. He is survived by his mother
and one brother.
George A. Lucia of Burlington a
solicitor and collector in the employ
of the Metropolitan company disap-
peared on Feb. g. He has not lived
in that vicinity only for a short time
and what is known of him is the very
best. His books were found in the
office, but it will not be known
just how they stand until the arrival
of an auditor, but it is not thought
that any money is missing.
President Benton of the University
of Vermont returned from Washing
ton, d. c., February 5. Mr.. Benton
is a friend of President Taft, having
been his guest while he was secre-
tary of war in the year of 1905.
Byron G. Dorman, aged 60 years, |
Of Swantbn, died at his home Feb |