The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-07-16
Thomas F. Betterley Brings
Action Against Twin
State Gas Co.
COMPANY FILES A
BILL OF DISCLOSURE
Expresses Willingness to Settle if Liza
BILE and Wants Court to Order Bet
terley to Answer Questions - Suits
Returnable in September.

Two actions IN an accident case the
Twin State Gas & Electric Co. against
Thomas f. Betterley of West BrattIe-
bOro and Thomas f. Betterley against
the Twin State Co, were filed today
in the office of County Clerk 7. d. f.
Stowe. The action brought by the
Twin State Co. is bill of discovery
in which it is sought to obliee Mr..
Betterley to give some information
about the accident, and the action
brought by Mr.. Betterley is a suit for
damages in the sum Of $1,000. Mr.
Betterley is ordered to appear before
the court Of chancery In Newfane at
the September term of court to an
swer to the bill of discovery. The
damage suit also is returnablc ut the
September term, but the bill of dis
eovery, being brought first, is entitled
to prior consideration, so the company
claims.
The Twin State Co. owns the street
railroad, and Mr.. Betterley seeks to
recover damages for injuries received
| by him when thrown from his sleigh
| Mt the corner Of High and Oak streets
| tracks of the company at that point
were defective and that negligence on
/ the part of the company and failure
| to keep the roadbeG and adjacent high
way in required condition were re-
sponsible for the accident.
| Mr.. Betterley alleges that the guard
rail at the curve AZ the corner of High
and Oak streets projected an inch
above the running rail and that the
| plank approach was worn away and
was three inches lower than the SUI
face of the street and the top of the
running rail The company, he claims,
also had permitted the highway
| westerly of the inner running rail aud
plank approach Cor IS inches to tc-
| come depressed lower than the surface
Of the street, condition that should
have been known to the company, ne
SAYS. He alleges that while driving
east on High street on Feb. 16, con
ditions at the corner not being known
to him, and through no fault of his
the cutter rail caught and he was
thrown out and injured and is suffer
ing greatly from his injuries at the
present time His attorneys are II. G.
& F. f. Barber.
In the bill of discovery by the Twin
State Co.. represented by Attorney
{ Harold f. Whitney, it is stated tha
, Manager f. NJ Adds of the company
learned of the accident about May 10
r three months after it happened, from
f Mr.. Betterley s wife ard son, VIII
G called at his office and demanded dam
: ages. The bill says that at Mr.. Ad
dis s request Supt. A. l.. Tripp of tn
4 street railroad visited Mr.. Betterley il
:, his home in order to learn the facts
7 with a view to settling with him i
:, the company was at fault. The com
/ pany saws it was unable to obtain an,
9 information whatever from Mr.. Bet
I terley, who told Mr.. Trip that h
J should sue the company. The bill say
that the company S attorney inter
: viewed II. G.. & F. E. Barber, attol
neys for Mr.. Betterley, but they like
wise would give no information.
It is contrary to equity and goo
conscience, the company asserts, fc
the company to- be subjected to SUI
at law when it is willing to settle
s liable, and it gives list of question
and asks the court to order Mr.. Be
terly to answer them The court ais
e. is asked to determine whether tt
k, company is liable for damages.
O. The suit by Mr.. Betterley is Il
at first brought in Windham county undo
h. the simplifed procedure act Of the la
of legislature, which strips legal doc
at ments of unnecessary verbiage. I'll
n complaint is but one page long, wher
as as the former statute would have T
ouired eight or nine pages.