Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1915-12-31
BRATTLEBORO LOCAL NEWS
BROWN MAY BRING SUIT.
Petition for Order of Restraint by Pow
er Co. Dismissed - Use of Private
Road Is Involved.

Judge f. l.. Fish Tuesday afternoon
dismissed without prejudice a petition
of the Connecticut River Power Co. to
restrain Wilson l. Brown of Brattle.
horo 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-
PENDANT. The company claimed that it
owed $l5 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, 1915, for the rest
of the year at the rate of $l5 a week.
The petition of the company recitcs
some interesting facts: On July 81 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 a gravel pit to the dixie.
The use of a private road through the
d property of Mr.. Brown would save dis.
Atance and Harold. +. Whitney on that
date offered Mr.. Brown $l5 Il week for
the use of the private road for the
gravel teams of the power company.
Mr.. Brown, it appears, had a tenant
on his property, a Mr.. Phelps, who Mr..
Brown feared, might be disconnected
by the dust and noise. Also Mr..
Brown did not care for q contract,
l but suggested that q 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 $l5 q 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
az long as that situation exists
This letter was dated July 81 and
signed by Harold f. Whitney, secre-
tary of the power company.
He presented the letter to Mr.. Brown
md Mr.. Brown interlined in pencil af-
ter the name "Phelps" the words or
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
lHc lcttcf' hSScptCu " 'AA0Nii -
Brown for the year 1915.'
On July %, the petition states, the
company ceased to use the road and
sent check for $l5, one week S pay
for the use of the road, to Mr.. Brown.
On July 80 the check was returned and
} Mr. Brown notified the company that
he expected pay for the use of his road
at the rate Of $l5 a week for the re-
mainder of the year from July 21.
The same day Mr.. Whitney rendered
Mr.. Brown gold in payment of one
week s use of the road and the tender
--=~as declined. The money was then de-
rpsited in the Peoples National bank
o'to the order of Mr.. Brown, and it is
still there subject to his order,
. 1.-THE plaintiff avers," says the pc
tition, "that the claim of the defend
ant and the construction which he
seeks to put upon the agreement is
false, unjust, inequitable, exorbitant
and fraudulent.
.... II. G. & F. f. Barber appeared fol
Mr. Brown and c. C. Fits for the com
DanN.