Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-11-06
SUPREME COURT
SITS At CAPITAL
Several Burlington Cases on
DOcket-Griffin VS.. B. 4 M.
II. II. Important Issue.

Oh supreme court opener Ut ~ lnlS morn
ing with Chief Justice G. NJ. Powers pre-
siding and the fun bench present. The
Rev. Albert II. Spence, pastor of the
Church of the Messiah, conducted devo-
tional exercises, and Deputy Sheriff
Henry G.. Lawson made the proclamation
Twenty-Five to 80 lawyers were present
The telephone hearing adjourned Cor an
hour to enable the attorneys present to
attend court
The most important case decided dur
ing the day was James Griffin against
| the Boston & Maine railroad, an action
of negligence, in which the plaintiff got
Il verdict of 5000 in April, 1872 in Wind
ham county court, for injuries alleged to
| have been received by being knocked off
| q bridge near Brattleboro on which he
was employed. he receiving very severe
| injuries, claiming that he had not been
provided safe place to work or safe
workmcn to be employed with. The ac-
cident occurred January IS, 1910 Two
workmcn who were with Him reached
the end of the bridge before the engine,
! but j. Griffin was struck ana fell % feet
| to the frozen ground.
The case was heard at the January
term of supreme court and the opinion
was written by Judge Powers. The case
]
low for refusing to admit az evidence the
train register on which tho trainmen sub
scribe their arrival ana departure and
other facts about their trains, which the
court characterized as quasi public record
and should come in
INTERESTS ATTORNEYS
Before ordering the entry in the case
/ chief Justice Powers stated that counsel
/ would he heard on the question of re-
ycrsal for liability only and pointed out
that that rule had been applied in the
| Dalton Paper mills case. Should such
ruling be made by the court, the only
| question which can be tried below is
that of liability, and it will not open
up the question of damages etc. While
the rule is not new it has been so little
employed that the action of the court
in requesting arguments on that point
! naturally arouses great interest among
attorneys following as it does suggestions
made at the annual bar meeting.
In the case of Jacob II. Barnes against
V j. Albert. from Essex county, petition
for new trial. judgment was affirmed
The court could not find that a wrongful
use had been made of the statute of judg-
mcnt by default In the case of Nora
Adams ". Charles ". Averill, from
Washington county. judgment for the
plaintiff to recover $500 damages and costs
was affirmed. The plaintiff was injured
in Barre by the defendants automobile
Decree was reversed in Wetmore- Morse
Granite company and others against
Maria II. Bertoli, eXecutriX, and others.
demurrer overrulcd, bill adiudecd suffi-
cient and cause remandcd. The defend
ant in this case 1t was claimed had deed
cd real estate before leave was granted
by probate court.
CAMP VS.. BARBER
In the Orange county case of Henry W.
Camp VS. Charles y. Barber assumpsit,
Judgment was reversed and Judgment for
the plaintiff for $32 and costs with inter
est. Judgment that the exceptions We're
without error was entered in State VS..
Ed. Muzzy. from Lamoille county, kill
ing a COW illegally.
TWenty-one cases were marked for
hearing on the call of the docket, outside
cases continued or in which motions for
continuance have been noted
on the request of John H. Senter of
Montpelier, the case of Jennie George VS..
Consolidated Lighting company. a petit
ton for "A writ of prohibition. which in
wolves the question of the constitutional
powers of the public service commission,
was assigned for hearing at nine o'clock
Tuesday morning, Mr. Senter stated
that he wished the case assigned for the
reason that it will probably be the last
time his son, c. n Senter will appear
before the supreme court of Vermont.
He now holds u responsible position with
a large fire insurance company in Hart
ford, Conn.
The case of John W. Masury Il Son
". II. q. Folsom. assumpsit. was entered
settled and discontinued This case Is
from Franklin county Other docket
entries:
Marcus NJ Bartlett vs. Lunford O. Nyc
and jerry NJ. Trombly and G. f, Britch.
trustee from Franklr county. continued,
exceptions not ready.
Frank Iafrouierc vs. T.. y. Longc, as
sumpsit, Franklin, continued.
BURLINGTON CASES.
John II. F'inneran vs.. City Of Burlington,
Chittcndcn, continued.
Etienna Latulip vs., city of Burlington.
negligence. Chittcnden, continued.
Elias Lyma ". c. w. Jones, trover,
Chittonden, continued.
State vs. Fred Labeltc. Cnlttenden, no
hearing expected. States attorney stated
he was trying to ascertain how he could
ease up on the respondent,
State VS.. Louis Alpert, receiving stolen
goods, and State vs. Harry Rosenberg.
perjury, motion to dismiss; announcement
made that V. \ Ballard was engaged
in county court
II. G. and +. T.. Barber vs. ". S
French and j. F.. Brown, assumps!t,
| Windham, continued.
Warren w Sevious, admr, VS. Rutland
railroad, Wndham, hearing at Rutland.
Electric CO., case, motion for hearing at
| BrattleborO.
Charles p Truci vs. Trip & Tenant
and trustees, assumpsit, Windsor motion
to dismiss exceptions; Scion S. Newton
vs.. John f.. Andrews and others. Wind
sor motion to dismiss orators appeal;
Phila Theta Cove VS.. Myron Armstrong.
admr estate of Reuben \, Cove and
Ellen Cove, Windsor motion to dismiss
appeal: city of Montpelier VS.. Central
Vermont Railway company, assumpsit,
| continued.
OTHER DECISIONS
other decisions were 5. r Boright
vs.. +. Williams, assumpsit, Franklin.
judgment affirmed and cause remand
ed for assessment of damages.
Nellie c, Green VS., the j. III. Nc
Loud company. petition for appeal.
Caledonia, judgment affirmed and
cause remanded
The case of Douglass & Varnum vs..