The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-10-22
DOCTORS EVIDENCE
IS CONTRADICTORY
Some Said Betterley Was Able to At
tend Court While Others Testified
He Gould Not Do So.

The jury which has been hearing the
evidence in the suit of Thomas F.
Betterley against the Twin state Gas
& Electric Co. in county court heard
the arguments and the charge Of Judge
+. L. Fish today and was given the
case for consideration this afternoon.
The members of this jury are: B. c.
Eager of Newfane, Lyman p. Bailey OF
Putney, w. B. GIynn of Athens. Willis
i G. Ober of Westminster, Willie f.
Prouty of Grafton, j. II. Thayer of
Guilford, George II. Osgood of Brook
line, Elias L. StoWell of Windham. Ar
thur Tinker of Halifax, T. NJ. Carley
of Londonderry, Herbert c. Tuttle OF
Dummerston and ". W. Follett of Viii
/ tmington.
| The suit is based on alleged injuries
which it is claimed were received BY
the plaintiff last February when thrown
from his sleigh OH High street at the
corner of Oak, the cause of the ac-
cident, it is alleged, being defective
track and crossing.
Not the least interesting of the many
witnesses who have testified in the
ease were the medical witnesses. The
plaintiff has not appeared in court and
it was claimed by his medical wit
nesses that he is physically unable TO
do so. In spite Of this it came out
in testimony that he was milking from
one to three cows daily His deposition
was introduced as evidence.
Drs. E. R. Lynch, Fremont Hamilton
and Charles c. Wheeler were the phy-
sicians who testified for the plaintiff
as to his condition At the time of the
u
Greene and c. II. Aldrieh, physicians
called by the defense, fatty contradict
led the testimony of the other medical
men. They examined the plaintiff
Monday in the presence of DR.. Wheel
er, who is his attending physician at
present, and based their opinions upon
the results OF that examination. Al
legged spinal injuries and other injuries
the physicians fer the defense held not
to be so serious as claimed and lhey
asserted that Nh Betterley was able
to attend court.
Witnesses called by the plaintiff
We're Mrs. J. !. Estey, Mrs. F. G. Pet
tee and Mrs. Ingraham, who saw the
accident; f. r. Vaughan, who testi-
fed to weather conditions that day
Selectman 4. f. Merrill, who testified
i 10 the contract between the town and
railroad; James f. Helyar, who ex-
planned measurements; Attorney H. B.
Chase, who had examined the location
! in connection with an accident earlier
in the winter; Warren L. Walker, road
commissioner: \. L. Tripp, superin-
itendent of the trolley road; Henry b.
I Allen, Patrick Lynch, Frank Streetel
and John l.. Lawton, who testified tc
conditions at the scene of the acei
dent; Robert Williams and W. d. New
| ton, neighbors of the plaintiff, Mrs
| Betterley and Fred Betterley, members
of his family, who testified as to has
condition.
The witnesses for the defense, be
sides the physicians, included David t
Perry, county highway commissioner
Supt. Trip, G. c. Martin, foreman o1
the track gang, Frank Marsh, mem
Der of the gang; Louis Perry OF
| Greenfield, a former member of tn,
track gang; o. l.. Rawson and Alec
| Penor, employees of the street depart
ment, and f. c. Crosby. These testi
fed to conditions at that point.