Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1912-05-03
$40, 700 DAMAGE SUIT ON TRIAL.
James Griffin Against Boston g. Maine
Verdict for Plaintiff In Antique Fur
niture case-oother Court Business.

odHles oTiHln against 6oSton On WdiHe-
Verdict for Plaintiff In Antique Fur
nture case-oother Court Business.
James Griffin's suit against the Boston
d Maine railroad to recover damages of
$4,000 for injuries has been the prin-
opal case on trial In the Windham
county court in Newfane this week. The
plaintiff rested this forenoon, and the
uefense will consume two or three days.
Court will take a recess at 5 o'clock to-
day until Monday afternoon in order to
allow the witnesses to go home to stay
over Sunday.
The trial of this suit was begun Tues
day afternoon, Il. c. Bacon and ii. G..
barber appearing for Griffin and IL. w.
Gibson and Attorney General j. G.. Sar-
gent of Ludlow for the railroad. The
plaintiffs evidence has tended to show
that on Jan. 2S, 1910, Griffin, who is 2S
years old and whose home is in Brat
tleboro was working on the Boston &
Maine railroad bridge over West river,
which was being changed from a deck
bridge to through bridge. While he
and others were at work on top of the
bridge, near the track, he saw a freight
train approa ching 200 feet away There
was testimony that no signal was given.
The men were 100 feet from the end
of the bridge and they started to run
Those ahead of Griffin escaped, but
Griffin was overtaken and thrown off
the bridge and down upon some rocks
and frozen ground 80 feet below. His
back was hurt and he sustained other
injuries, and for a time it was not
known whether he would recover.
The rules of the railroad according
to the testimony were that trains
should not run across the bridge while
it was being repaired to exceed five
miles an hour. The testimony also
tended to show that this particular
train was running from Is to 20 miles
an hour on the bridge. The ground or
which the suit was brought was that the
train was running at an excessive speed
so that Griffin did not have time to es-
cape Several physicians have been ex-
amined, some testifying that Griffin
would be an invalid the rest of his life
The case on trial when The Phoenix
went to press last Friday was that OF
Carl S. Hopkins, trustee under the will
of Mrs. Emma Sargent, wife of the late
John p. Sargent of West Brattleboro
against Mr.. and Mrs william II. Hey.
wood of that village, an action of re-
plevin Mrs. Sargent willed her husband
the use of her property for life an6
provided that he might appropriate such
part of the principal as was necessary
for his proper maintenance. The prop
erty was to go to Mr.. and Mrs. Walter
Bartlett when Mr.. Bartlett reached g
certain age, if Mr.. Sargent died befor,
| that time and until Mr.. Bartlett reach
ed that age the property was to be helt
by a trustee. The probate court ap
| pointed Mr.. Hopkins trustee, but Mr.
| and Mrs. Bartlett were the real plain
| tiffs.
| Mr. Sargent sold to Mr.. and Mrs. Hey
| wood an antique bureau for SO and al
| antique ia BILE for So The plaintiff claim
| ed that the articles belonged to Mrs
| Sargent's estate and came to her from
her ancestors, and that it was not nee
essary for Mr.. Sargent to dispose o
| them for his support The defens
| claimed that it was necessary that thu
| articles be sold for Mr.. Sargent's sup
| port and that moreover they belonged
to him, having come down from his an
cestors, so that the sale gave the de
| PENDANTS a good title. When the ar
ticles were replevined they were apprais
ed at 500. The court directed a yer
dict Tuesday for the plaintiff, giving hin
| the articles and damages of one cent
| which throws the costs on the defend
ants. H. G. & F. E. Barber appeare,
for the plaintiff and Chase & Daley 70
| the defendants.
| Judge Fish has sustained the demur
rer of Oscar T. Ware and others, di
rectors of the Grange store, in the tire
| suits brought against them by the De
Witt Grocery company of this town
| Charles E. Brown & Co. of Springfield
| Mass, and the Henry ]. Perkins CO
| of Springfield. The suits were brough
| through Chase & Daley's office to re
| cover for debts contracted before tn
| store was sold to G. o. Abbott e. Son
and they alleged that the directors vic
lated the statute prohibiting the con
| traction of debts in excess of two third
Of the capital stock paid in. H. G.
| F. E. Barber for the defendants de
INJURED on the ground that there was
misjoinder in the plaintiffs declarations
| two causes of action being Joined in on
| count This will necessitate payment o
| costs by the defendants and the bring
ing Of new suits.
| In the case of the Connecticut Rive
Power company against Mr.. and Mrs
| Henry ]. Allen the defendants filed a.
answer yesterday through Attorneys II
G. & F. E. Barber The plaintiffs signe
| an agreement with the company that Il
case of damages to their property fror
| water caused by the construction of
dam across the Connecticut river a
Vernon they would have the amour
fixed by arbitration. Damages resulte
| ands Attorney C. C. Fits brought sui
to enforce the agreement. The defend
ants answer states that at the time tn
agreement was made it was represente
to them that the water would not sc
back beyond a certain point. The
claim that the water set back much
excess of the amount represented
wherefore they say they are not boun
by the agreement. A hearing may TAX
place at the present term of court
|