The Barre daily times. (Barre, Vt.) 1897-1959, 1914-01-06
$1,000 VERDICT
AFFIRMED
In Case of Damages Against
the Central Vermont
r. r.
FOR THE DEATH
OF ENOCH L. WHITE
Atkins Case Not Reversed
but Judgment Is Sus-
pended

| AT the opening session of the January
term Of Vermont supreme court at Mont
pelier to-day, an opinion was handed
down in the Chittenden county case of
| H. S. Peck VS.. Z. T. Monahan, trustee,
in which the Judgment of the lower
court was reversed and the Winooski
Savings Bank & Trust Co. was ordered
to pay the plaintiff the sum Of Sll3,
with interest from Aug. 5, 1905.
In the case of Annie Nj. Bean, execu,
trix, VS.. George and Morris Atkins, the
court, in lengthy opinion, ruled that
there We're no grounds for reversal,
but Judgment was suspended to allow
proceedings to be started in equity.
The case grew out of devisement in
the will OF the late Hiram Atkins of
Montpelier, providing for his daughters,
Elizabeth d. Clark and Catherine At
kins, should they ever come to want,
By a certain proportion of the income
from the Argus 4 Patriot building, so
called, in Montpelier. The plaintiff, in
lower court, set up that Catherine At
kins did come to want while resi-
dent OF Burlington from 1902 to 1908.
In the lower court judgment for the
plaintiff was rendered in September
1910. There was a motion for peace
able possession of the premises involved
and damages of S4,l5s.S4. Exceptions
by the defendant were filed in October,
1910. and the case was argued before
the supreme court in 1911.
The longest opinion of the forenoon
ended in adjournment at II o'clock until
2 o'clock this afternoon. More than an
hour was consumed in reading the courts
opinion in the case of Mary Theresa
White, administrative Of estate of Enoch
L. White VS.. the Central Vermont Rail-
way Co. The Judgment of the lower
court for damages OF $1,000 was af-
firmed. In Franklin county court, the
plaintiff was represented by G. G. Aus
tin and sons and G. w. Writers and II. b.
Anley appeared for the railroad. Cause
grew out of the death of Enoch L.
White, an employe of the railroad. be-
tween Bethel and White River Junction.
The verdict for the plaintiff to recover
S7,l6s was returned by the jury at st.
Albans last May. Exceptions were filed
in September and argued before the su-
preme court at the November session.
hiS alNSihobAi H1ct 0pilitbH w bC
handed down was that in the case of
George VS.. Consolidated Lighting Co. and
the Vermont public service commission.
There were Others to follow.
The court convened at 10 o'clock, with
all the judges present and Chief Justice
George NJ. Powers presiding. They and
the 26 lawyers in attendance saw con.
siderable Improvement in the appearance
of the interior of the court room, as the
room has been calcimined and the light
ing arrangement changed.
Following the reading Of the proclama
tion by Sheriff Frank Tracy and the of
fering of prayer by Rev. s. F. Blom-
field of Montpelier, announcement was
made that 10 cases have been continued
and 80 set for hearing at this term,
one Judgment affirmed Washington
county case of Marion b. Thomsworth
VS.. A. n. Blanchard), one case discon-
tinued and two set for hearing before
the court at Brattleboro and one set
for hearing in Orleans county court THAT
Of George L. Hunt vs. Addie b. Davis,
Il. Il, Davis and George w. Davis The
two cases set for hearing at Brattle-
boro are: Carlos Hopkins, trustee vs.
the estate of John b. Sargent, Wallace
Sylvester, trustee, an appeal from the
and that of Ellsworth C. |
Irvine as receiver in the case of f. NJ. |
Marriott VS.. Susan NJ. Hemenway and
Myles Hemenway.