The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-12-29
Petition for Order of Re-
straint by Power Co.
Dismissed
USE OF PRIV ATE
ROAD is INVOLVED
Tender Of SIS for One Week Refused
Claim that Company Is Liable for
Like Amount Each Week from July
21 to End of Year.

Judge F. L. Fish yesterday afternoon
dismissed without prejudice a petition
of the Connecticut River Power Co. to
restrain Wilson /. Brown of Brattle-
boro from bringing action at law
against the power company to recover
pay for the use by the company of a
private road across the land of the de-
fendant. The company claimed that it
owed SO for one week s use of the
road. Mr.. Brown asserted that the
company owed him for the use of the
road from July 81, 1918. for the rest
of the year at the rate of SIS a week.
The petition of the company reeites
some interesting facts: On July 21 the
power company was engaged in the
work of making repairs to a dixie on
the property of the Brattleboro Re
treat and was engaged in drawing
gravel from gravel pit to the dixie.
The use of a private road through the
| property of Mr.. Brown would save dis
tance and Harold Z. Whitney on that
| date offered Mr.. Brown SO a week for
/ the use of the private road for the
gravel teams of the power company.
| Mr.. Brown, it appears, had q tenant
on his property, Mr.. Phelps, who Mr..
Brown feared, might be disconnected
/ by the dust and noise Also Mr..
/ Brown did not care for contracl.
but suggested that letter embodying
the agreement would be satisfactory.
Mr.. Whitney then wrote the following
letter:
Confirming the conversation which
the writer had with you this morning,
the Power company will pay you at
the rate of $15 a week for the use OF
your private road. The company also
agrees that if, in the Judgment of the
physicians of your tenant, Mr. Phelps,
use of your road by the company in
terferes with the health of Mr. Phelps
the company will cease to use the road
as long as that situation exists
This letter was dated July 21 and
signed by Harold E. Whitney, secre-
tary of the power company.
He presented the letter to Mr.. Brown
and Mr.. Brown interlined in pencil af
ter the name Phelps the words g OF
any of the families
He then suggested that the latter as
worded made no limitation on the
length of time the company might use
the road and wrote at the bottom OF
the letter: Accepted by Wilson
Brown for the year 1915"
company ceased TO use the road and
sent a check for SIS, one week S pay
for the use of the road, to Mr.. Brown
On July 80 the check was returned ant
Mr.. Brown notified the company tina
he expected pay for the use of his roac
at the rate of $15 a week for the re
mainder of the year from July 21
: The same day Mr.. Whitney rendered
: Mr. Brown gold in payment of on
: weeks use of the road and the tende
! was declined. The money was then de
posted in the Peoples National BAN
e to the order of Mr.. Brown, and it i
, still there subject to his order.
f 1.-The plaintiff AYERS, says the pc
V tition, that the claim of the defend
! ant and the construction which h
e seeks to put upon the agreement
k false, unjust, inequitable, exorbitan
s and fraudulent.
e H. G. & F. E. Barber appeared fo
n Mr.. Brown and c. C. Fits for the con
e pany.