The Barre daily times. (Barre, Vt.) 1897-1959, 1912-01-03
MORE OPINIONS
BY SUPREME COURT
Were Handed Down at Second Sitting
of the Body, Many of Which Are
of Considerable Importance.

At the second session Of the opening
day of Vermont supreme court at Mont
peier yesterday, the time was given UP
largely to the reading of decisions, which
was started in the forenoon. Judgment
was affirmed in the Chittenden county
case Of Addie Covey VS.. Marshall Rog-
ers and trustee, the lower court having
given verdict for the plaintiff to re-
cover wages as housekeeper for her
brother.
Judgment was reversed in the Chit
tcnden county case of Elias Lyman VS..
G. W. James, the lower court having
given verdict for the defendant to re-
cover his costs. Supreme court gave
judgment for the plaintiff and remand
cd the cause for assessment of dam
ages. The suit was over an automo-
bile
That b. A. Hunt was not unlawfully
imprisoned was the decision in the case
brought against Hunt by w. Jones in
Lamoillc county for Judgment in a suit,
the defendant being taken to Chitten-
den county Jail when the Lamoille coun-
ty Jail was burned. Hunt asserted that
he was not legally restrained in Chit
tenden county jail.
In the case of Ella A. Barney, adm'x.,
vs. Quaker Oats company, from Frank
lin county, Judge Haselton's opinion af-
firmed Judgment for the plaintiff to rs :.
cover $4,000 for the death 4f,:,l4-- nus
band IN a grain ,e.5sycsi6l' explosion in
1908. The. s.ta sh holding that the work
.rssB sid not know of the danger that
the dust would explode.
Dissenting opinion from Judge Pow
ers, concurring with Judge Watson, to
the majority opinion by Judge Munson
was made in the Rutland county case of
Robert j. Roberts ct al VS.. W. II. Hughes
company ct al. the dissenting opinion
having this paragraph; ut is not for
this court to supply the fact and this
court should assume the court below
drew differences that will support its de-
cree. The decree should be affirmed for
Roberts could not be stopped by what
the receiver did. The result of other
Judgment would be unjust to Roberts,
would abolish no benefit for the Farm
ers' National bank and the corporation
would reap the benefit
Judgments were affirmed in the Wind
ham county case of Archibald Mellen VS..
L. S. Health and Accident Insurance
company, damages for the plaintiff; in
the Washington county case of J, w.
Gordon ct al VS.. T. J. Deavitt, remand
ing cause that new time OF redemption
be fixed; and in the Caledonia county
case of Woodsville Guaranty Savings
bank VS.. ]. w. Blanchard b. NJ. Kicker
and trustee, Judgment for the plain
tM.
Reversal Of the verdict for the plain
tiff to recover damages in the Orange
county trespass suit Of Frank DeCloosh
vs. Baldwin and Russ was made in Judge
Watson's opinion. and the cause was re-
manded.
The suit Of NJ L. Powell, trustee, vs.
C. L. and f. P. Woodbury. was continued
To Friday of this week. Mr.. Powell want
ed it continued to February, but r. +.
Brown objected The Franklin county
case of Evangeline Macarthur J A. Jar
Wis and William Younger VS.. +. w. Blon
din and Mary Chennette was continued
to February because of the recent illness
of Attorney C. G. Austin, H. P. Dee
OF st. Albans objecting.