Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-09-23
GARBAGE CONTRACT CASE
Hotel Vermont VS.. COsgriff Again
in County Court.
Mr.. CosRriH Explains Why He Dtdnt
rny Hotel for Table Nefuse-
PInintiR Moves for Verdict ut
Conclusion of Evidncc

rho caoo 90 fI,o yIntat Vermont conn
NAVY Do,i, Cosyrirr occnnied the on.
tire session Of county court Thursday
rbis coso wh,r,, ho. orco roo cred tho eli.
nreno court where n Judgment for the
was reversea ana n now trial
ordored ia nm ,ction NJ assumpsjt IN re-
cover tho b,,,pco NJ s,7n wbicb Mr. Co.'S
griff contracted Ia nav the Hotel Yer
mont companv for the nriv,,epe Of collect.
inp the on rhope fron, tho hote, for tho
year bepinn,ny 1,ne IL 1919 Tho amount
was payable quarterly. hut Mr.. Cnspriff
paid only the first ina,al,ment. although
he continued to collect the ga rbage for
the time OF his contract. The defendant
claims various offsets and rccoupments,
one for pltims and apples sold to the hotel,
and alleges that he did not receive all
the garbage specified in the contract. He
also alleges that the garbage contained
broken glass, whereby he lost several
hogs and that II was not OF the quality
nor quantity represented Max T., Powell,
end NJ. G.. I.eary represent the hotel
company, while Homer u. Skeels of I,ud-
low and S. r. Moulton appear for the de.
PENDANT Late in the afternoon both sides
had completed their evidence and Mr..
The following Jury heard the evidence
In Thursdays case: G. F.. Aver Of Tn
derhill. G. n. Crowley of Sbelburne.
C.. H. Hunt of Essex. Floyd Isham OF
st. George. NJ. F.. James of Wil,,ston
J. p. Jordan of Jericho. William f..
Martin of Huntington. A. II. McNally
of Burlington, Hoyt w. Mears Of Mil
ton, II. J. Merrill Of Wiliston. c. L.
Page of Shelburne and II. NJ. Page OF
Hinesburg
Robert T.. Collamer. manager of the
Hotel Vermont. was the only witness
called by the plaintiffs. He testified TO
the correctness Of the written contract
between the hotel company and Mr.
Cosgriff, which was placed in evidence
and admitted that the company owed
Mr. Cosgriff $3.50 for apples and plums
which they had purchased of him The
witness denied telling Mr. Cosgriff that
he could have certain bones and meat
which. the hotel sold TO the Rurling-
ton Rendering companv. TO the amount
Of s91. &c during the year that Mr.. Cos
gIiff q contract was in force. or that
he glaranteed him any amount of gar
hago. He also admitted that an cm-
ploye of the hotel had taken Soma bags
of dried bread that should have gone
in the garbage but disclaimed respon-
sibility for the same Mr. Collamer
also admitted that MANY other things
besides garbage had found their way
into the parbage nails but said that he
cautioned tho helm of the hotel about
putting dishes. etc. into the pals. He
said that when Mr.. Cosrr,ff had made
give I'm his contract. ~ he didn't like
1t, but the defendant had not agreed
to do so.
The defendant nut several witnesses
on the stand. Howard Brown of South
burlington. the nresent garhage collector
of the hotel. 7. T.. Chase. the man who
collected the hotels garbage. previous TO
Mr.. Cosgrff taking the contract Edward
Mcmillan of the hotel staff Elihu y.
Taft of this city. Charles Gillette of
Richmond. n former steward at the hotel,
and the defendant and his son. John
Cosgrirr.
Tho Testimony Of Mr.. Brown and Mr.
Chase was that ,ne value of tn garbage
uer can was from 20 TO 30 cents. Mr..
Chase also testified that he had received
some meat and bones in the garbage he
colIect"' pu' none ne 'nouS"t VI W,
klhd mat was used lor the refuse So'o
TO the N'ho'Flhs plant r'u""ro Mo'''''''
ana 'har'es ui"e''e VI ''e 'o'o' '''p
t"stited TO seeing 'ortlsh Substances at
the garbage such us oiSi''s' e'o'' '''
SAID That they removed "ha' they Aa"
OF them. MI lait tes'ined 10 I "e'''''e
, IT., ao,, ,,.,re ,,roson+
80 .. 4, -, ,,.,