Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-09-18
$4,000 DAMAGE SUIT BEGUN
Administrator Holds City Re-
sponsible for J. A. Leary's Death.
jury Calendar in County Court shows
30 Cases Ready for Trial--Sevcrnl
COntinuances Granted When
Docket Was Called.

The September term of Chittenden
county court opened Tuesday after
weeks adjournment for the further
preparation of cases. The morning SEES
sion was entirely given up to the read
ing of the docket. The jury calendar now
shows thirty cases ready for trial, while
twenty-four cases await hearing by the
court without jury. In ten jury cases
and thirteen court cases, originally set
for trial at this term continuances were
granted The afternoon session was large
'ly given up to impanelling the jury Tor
the twenty-five thousand dollar suit OF
Thomas f. Leary, administrator OF th'
estate of John A. Leary, VI. the city OF
burlington, after which the jury were
taken to view the premises where the ac-
cident occurred.
The Leary suit Is an action 20 recover
damages for the loss of the life of John
y. Leary which occurred while turning
on light in his meat market on the
corner of king aud Pine streets. 1t is
claimed that Mr.. Leary's place of bust
ness was lighted by the municipal plant
and that the city had installed its fix
lures there The death is alleged to have
been caused by negligent wiring.
Counsel for the Leary estate are V. A.
RuIlard, NJ. G. Lcary and Henry Coniin
IL. Y. Brown, Warren r. Austin Of 81.
Alocns and city Attorney Horton repre-
sent the ct".
Inc plt'h'il, Alleges tnat on :. eoi ua'
L. 1913 the cry OF burlington iur'nsheu
by It's electric Asht plant current lor
Lighting purposes ana that John a. Leary'
,,,I
VINO conducted a meat market ana srocery
store at ~ hing street hau contract
to furnish light Tor the buiding ana
cellar ana the city had lhstaIIed JUS IN
lures ana wires there tor inc purpose.
The primary WIRE IT Is a"eeed' earned
a current OF 80" NoItS anu 'i'"' y! l'edlS
OF uNslorher on poie near ''e hearE
place of business the current was trans
formed ana r'duced IN voltage anu car
RED to the pulldlhsS IN the Ncifhty III
secondary wires OF about the strehs'h OF
ITO volts
Negligence on the part OF the city Is
charged in the ALLEGATION mat the NUM-
oipal plant wires poles, cross arms and
transformers were maintained ana OPP
Grated In such a way that the entire cur
rent OF Z3W volts was transmitted TO the
secondary wire in the LearY building ana
| ''''''" INV July Va WI '''iiS a. ~
placed his hand on one Of the lights
The suit Is brought in the interest OF the
widow and six children
ENTRIES on DOCKET.
! The entries made on the Jury docket
were as follows:
Thomas = I.eorv admir-. We CITY Of
burlington. action on case Trial
In re estate of Edward w. Peck. petit
tion for leave to enter apneal Trial.
e. Henry Powell VS.. Bailey Granite
company. assumpsit. No trial.
Fred Rushev vs. Annie Auclair and
Frank e Lord r.nIcvjn Continued
| Hill storage a implement Co. vs..
Rutland Garage co., assumpsit Con-
tInued
&. Il. Wothcrhv and V. \. Rullard w.
II y Wiley. ant. trover Set to
court
Hotel Vermont vs. estate of Z. r
Moore. appeal from probate court. Trial
state VS.. J. A. Merrill. scire facias.
Trial
Edna l. Bickford VS. f. G. Norton, as
sumnsit Settled
Ernest G Norton vs. Guv Rickford. as.
sumpsit. Settled.
Norris Brown vs.. Thomas Gaduc. re-
Continued
John w Grace. ant, VS.. Frank
ICadercttc. assumpsit Continued.
Michael John vs.. American Wooden Co.
negligence. Trial
: Delrhis Dcsranleau vs.. American Wooden
CO., negligence. Trial.
Alice b. Moore vs. w. Shelton Swal-
low Co. apt, assumpsit No trial
Hugh H. Moore vs. Guy Potter Benton.
Trial.
y. G. Florence, admr. estate Of Thoma s
Ryan. vs. American Wooden Co, ncgli-
gonte. Continued
| J. H. Collins ct al VS.. estate of Thomas
Gushing, appeal from probate. Trial
Luela NJ Williams, apt. VS.. estate of
Agnes I. Porter, appeal from commits
sioners, Trial.
In re will of Caroline sherman, ].
r. Rutter, prepayment, vs. F. H. HiEley,
| contestant appeal from probate. Trial.
| w. j. Henderson et al and trustees
vs.. j. II. Taught, apt, assurpsit. TRIAL
burton O, Netmoro, administrator, VS..
James klrr:ck. seton on case. Motion
u + continuance.