Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1916-05-04
REvERSES MANY DECISIONS
supreme Court BcSins Nny Term-30
Cases Set for Iicnring-In Scs-
sion Several weeks.

Montpelier May 2.-Nearly half of tn
opinions read in supreme court to-day,
the opening day of the May term, which
convened at 10 O'Clock, reversed decisions.
in lower courts. The term promises TO be
of average length, for the spring term,
and although many cases on the trial
calendar were continued or otherwise dis
posed Of many more were added from
the docket by stipulation and will be
heard. In all, 80 cases were set for hear
ing.
The opinions read are as follows:
Addison county-Erwin G. Piper vs. Bos-
ton & Maine railroad. Judgment affirmed
for the plaintiff to recover sl952i with
interest, according to original verdict
bennington county-Mary T.. Fitzgerald
VS.. Metropolitan Life Insurance company,
Judgment reversed and caUse rcmandcd
for trial. Tho verdict in the lower court
was for the plaintiff to recover $jl3.
opinion by Munson.
Caledonia county-Oscar c. Woodruff,
adm, VS. William and Sarah Donaldson,
decree favoring orator affirmed and
cause remanded; Watson.
Franklin county-Wesley Goodrich VS..
Chapel and Phaneuf, apis, trespass and
case, judgment for defendants to recover
costs affirmed; Watson.
Orange county,. N Sayers VS. Mont
peller e Wells River railroad, pro formn
decree Diminishing bill affirmed and cause
remanded Taylor. The orator contendej
that the defendant failed to comply en-
tirely with an order of the Public Serv-
ice Commission relative to the elimina
ton of a grade crossing, leaving the
orator without access to his promises
from the highway.
Orleans county-Raymond Aiken vs..
Oliver Metoalf, judgment reversed and
cause remanded Powers. The case grew
out of an automobile accident in the town
Of IrasNurg. the plaintiff being injured
when struck by a machine while crossing
the street. In the lower court the verdict
was ordered for the defendant by the
court. In his opinion Judge Powers he'd
that the plaintiff exercised the care OF Il
prudent man before he crossed the street.
that the evidence showed that he looked
in a southery direction before he attempt
ed to cross the street and failed to see
The automobile which struck him % sec
onds later. The plaintiff had nearly
reached the other side when struck and
would not have ordinarily been looking
for a machine to he coming from the d.
rection indicated on the wrong side of the
street.
Rutland county-MoSes r. Anderson vs..
Howe Scale Co, negligence, judgment for
the defendant affirmed, Taylor. The suit
was brought for personal injuries when
the plaintiff was injured by an elevator
falling one story because of broken
,nI. h.
court and the plaintiff took the case to
supreme court on that ground. Judge
Taylor held that the injury was caused
while the elevator was being tested and
the defendant was not negligent beCaus g
Of the resultant injury, the bolt which
caused the elevator to fail having been
in use two years.
Windham county-Manley Brothers VS..
b. & NJ. r. r. and Crystal Springs Ice
Co, judgment affirmed for plaintiff: Pow
ers. Hester \. Davis VS.. S. Farrar Dunn,
reversed and cause remanded, judgment
in lower court having been for defendant
to recover costs: Watson.
Washington county-Henrv Russ vs..
Michael Good. judgment for defendant
reversed and cause remanded; Powers.
Parry 81 Jones VS.. Empire Granite 6:
Quarry COMPANY, at al, decree affirmed
and cause remanded; Taylor. r. d. Bart
lett e. al VS. Antonio Bona2zi, deceit de-
murrer TO plea sustained. plea insufficient.
and cause remanded; Haselton. State VS.
Jacob Aaron, an appeal from Barre city
court, decree reversed and cause remand
cd Powers. The respondent had appealed
from verdict against him for alleged
careless operation Of an automobile,