The Barre daily times. (Barre, Vt.) 1897-1959, 1914-03-28
SUIT OVER DEAD COLT
Tried Out In Washington County Court
Verdict for Plaintiff in Assault Case.

-FeIuiCL IOr Pldfntln In Assault IdSe.
In Washington county court yester-
day afternoon verdict was rendered
for the plaintiff in the case of +. Ross
vs.. Edward Cetrini, Joseph and David
Morandi, to recover $2l 80 damages. The
suit was brought to recover $1,000 for
trespass on the person. The jury had
the case about three and half hours
The parties concerned were Montpelier
men,
The trial of the case of William Tacy
VS.. Fred A. Slayton Of Barre was start
ed yesterday afternoon, the plaintiff SUI
ing for the recovery of the value of a
colt which was killed, it was alleged.
while being broken by the defendant.
Tacy claimed that the colt was to be
driven only by the defendant and that
last November one of Slayton's men
took out the colt and when tho animal
reared pulled it over backwards so that
the skull was broken, causing the ami
mails death. Negligence, therefore, was
claimed.
As part Of the jury panel was out on
the .Rossi assault case there were not
enough jurors left for the Taey VS.. Slay-
ton case, so number of the spectators
were sworn in. The jury was completed
as follows: NJ. Cannon, ir., Hale Conley,
Z. G. Lamberton, Frank w. Vaughn, F.
L. Warren, Frank a. Wedge and VI. k.
Wheeler, Dean Ayerill, John Graham,
II. b. Kennedy, John Lee and Charles
Brown.
Edward Murray. 10 years Of age, and
employed on his fathers farm in East
Montpelier, testified the colt was raised
on his fathers farm; that he had driven
the colt to East Montpelier village and
back in sleigh and that the horse
wasn't afraid of anything and Murray
hadn't had any trouble with the animal.
On discrimination Murray said the
distance to East Montpelier village was
about two and one-half miles and that
he had never driven the colt to Mont
pelier He admitted on cross-examina-
tion that the colt had not been broken
to be driven.
Then Ernest Tacy, son of the plaintiff,
testified to making the preliminary ar
for having the colt looked
after at the Slayton stable. He said
he told the defendant (Slayton that
his father had a green mare and wanted
him to drive her, to which Slayton re-
piled: "All right; ] will. I'll fix her
all right for you" On cross -examina-
ton the witness said he had worked at
the Slayton stable two or three years
breaking young horses
On going on the stand William Tacy
the plaintiff. said he had owned the colt
about seven days when it was killed.
The mare weighed about l.l70 pounds
and was about two and half years old.
said he had broken horses and
he had driven the colt every night on
Main street in Barre and other streets
and he had driven her near the steam
trains on Prospect street and never had
lad any trouble with the animal. He
testified he could back the animal Is
Or % feet, say "Whoa" and she would
stop all right. He sometimes drove her
with the lines alone.
As TO the trade for breaking the colt,
ne said he asked Slayton If lie wanted
% drive the colt and how much he would
,harge and cautioned him not to let
anyone else drive her. Slayton declared
he witness, said "All right Taey said
he valued the colt at $1,000. He said
ne didn't know his boys had driven the
lnimal.
The defendant went on the stand late
yesterday afternoon but did not conclude
lis testimony. He said that Ernest
Dacy, who had worked for him, was
he first to speak about the horse break
ng, the conversation taking place i'm
ront of Slayton's barn. That was
lay or two before William Tacy came
o the house alone and they talked on
lis yeranda. The witness said he looked
t the colts teeth and judged the ami
nal was about two years old or lit
lie older. He said that the next day he
aw the colt in his stable but that no
ne had called his attention to the fact
he night before that the colt had been
rought there.
On the resumption of court this morn
az Mr.. Slayton concluded his testimony, |
elling what he knew of the tfansac-
ion with Tacy, and after a few other |
illnesses had been heard the court took !
n adjournment TO Monday afternoon.
The divorce case of Ernest M. Parker |
gainst Gertrude Parker was heard by |
he court late Friday afternoon. f. L. |
aird, appearing for the petitioner. The
ise of the Perry Granite Co. VS.. w. II. |
'yrrill trover, has been entered, S. Hol- |
ster Jackson appearing for the plain
If.