The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-09-10
BETTERLEY
FILES ANSWER
Asserts Neither Adds Nor
Tripp Made Effort to
Compromise
SAYS TWIN STATE co.
KNEW OF CONDITIONS
Accident to Mr.. Betterley on Street
Railroad at Corner of High and Oak
Streets Not First One at That Point
Witnesses Named.


Witnesses Named.
Attorney Frank Z. Barber, counsel for
Thomas F. Betterley, filed in the county
clerks office this forenoon an answer
to the bill of discovery , an equity pro-
cecdng, brought by Attorney c. &. Fits
for the Twin State Gas 4 Electric Co,
answering the various interrogatories of
the Twin State Co. relative to an accident
(which befell Mr. Betterley Feb. Is of the
present year The answer apparently ls
complete, and it even gives some intor-
nation which the attorney for Mr., Better
lev says he is not compelled to give,
doubtless being impclled to do SO through
the Brotherly soTieitude which one attor
ncy has for the counsel on the opposing
side
Mr.. Betterley was injured by being
| thrown from his sleigh at the junction Of
| High and Oak streets, and his claim is
| that the accident was caused by an inn
proper condition of the Twin State Go. 5
street railroad track at that point
| In July the Twin State Co brought its
IEill of discovery asking that Mr. Betterley
| he compelled to answer certain questions,
! It claimed that f. NJ Adds, manager Of
! the company. had authority to investigate
and compromise any claim against the
company; that about Nav 10 Mr.. Adds
! learned from Mr. Betterelys wife and son,
who called at the office to claim damages.
shat Mr.. Betterlev had been injured at or
near the point before stated that the
company then sent Supt. \. l., Tripp to
| Mr.. Betterleys home in West Brattleboro
to learn the facts with a view to a com
promise if it should appear that the COM
| panv was at fault; that Mr.. Betterley re-
fused to state the Gauss IF the accident
and although SAYING there were numerous
witnesses declined to state who any OF
them We're; that Mr. Betterley had placed
a claim for damages with III, G. & T. f.
Barber which would result in a suit unless
! restrained; that the facts as to the aeci
dent We're peculiarly within the knowledge
of Mr. Betterley, and that it would be
contrary to equity and good conscience fo1
the orator to he subjected to a suit fol
damages when it was ready and willing t
settle if the facts warranted.
In reply to these assertions Mr. Better
: ley says in his answer that Mr.. Addi
stated to Mrs Betterley and son that h,
ibid not have authority to compromise an,
S claim against the company. He admit.
, that Mr. Tripp called to get the facts, bur
: asserts that Mr.. Tripp SAID he did no
e have authority to compromise but cam,
4 with view to reporting the facts to TIN
/ company
a He asserts that he did tell Mr. Trip
1 the cause Of the accident, stating that II
was driving along High street in an east
erly direction with a traverse sleigh AM
horse when the front runners struck deat
against the railroad track. throwing hin
out of the sleigh with violence striking O
his head and being rendered unconscious
that by reason of being unconscious Ii
did not know whether any witnesses say
c the accident He admits having placed
claim with attorneys for collection
As to the facts being peculiarly With
the knowledge Of Mr. Betterley the al
swer says that the Twin State Co. ha
? lprevious knowledge Of the defects Of il
& tracks and parts of the highway betwee
u and adjacent to them, at the point wher
: the accident happened, and that the con
d pany must have known Of the condition ,
m the track as early as Jan Il, 1915, whe
a. lone G. s. Stockwcl was injured at ii
y same place and from the same cause, h
'e injuries being called to the attention {
Ie the company, but that the company too
le no steps to improve or repair the crossin
n Further, Mr.. Betterley says the compan
never has approached him with a view
sd settlement and he Is informed that IL
u company's attorneys never have made ar
pit attempt to compromise with his alto
to neys
I'd Answering the questions propounded |
MS the company, Mr. Betterey goes into d
70. tail as to the alleged improper condition
ly the guard rail, as to his horse and ira
nj erse, etc. He says that since giving b
es deposition his attorneys have inform
of him of certain witnesses who knew som
). thing about the character and condition
the crossing and that while he Is advis
that he could not be compelled to give t
information he is willing to do 50 on Il
strength Of the company's allegation tn