The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1916-04-21
Jury Makes Award to Lisle
NJ. Carpenter for
Loss of Leg
END OF CASE IS
SOMEWHAT REMOTE
Will Go Again to Supreme Court of
Vermont and Possibly to United
States Supreme Court = Federal Sta
tute Is Involved

N~~~O~J
States Supreme Court = Federal Sta
tute Is Involved
After considering the evidence about
five hours the jury in the damage suit
of Lisle NJ. Carpenter of Brattleboro
against the Central Vermont Railway
Co. reported at 8 clock last night in
Newfane a verdict for Mr.. Carpenter of
$l1, ,204.15. Although the previous YER
diet of S9,250 in this case was the
largest ever awarded in the Windham
county court in a personal damage suit,
last night S award is nearly $4,000
larger.
The case is far from ended, however,
as it will 60 to the Vermont supreme
court and very likely to the supreme
court of the United States, as it comes
under the Federal Employers Liability
law
Mr.. Carpenter, who was brakeman
in the employ of the Central Vermont
Railway Co. on its West River branch,
lost one leg as the result of being run
over in the yard at South Londonderry
Jan. s, 1909. Suit was brought for dam
ages Of $4,000 in 1909, under the
Vermont common law.
4 There had been passed in 1908 the
Federal Employers Liability law which
applied to all cases of railroad accidents
which happened while the employe was
working in interstate commerce. This
case was first tried by jury in July,
/ 1912. The railroad company claimed
that the accident happened while Mr..
Carpenter was working in interstate
commerce, so that the suit could not be
maintained since it was brought under
the Vermont common law. Counsel for
the plaintiff claimed that he was not
working in interstate commerce.
The trial hung chiefly on that issue
and the jury found that the plaintiff
was not working in interstate commerce
and rendered a verdict for Mr.. Car
penter to recover damages of $9,250.
4 The railroad company took the case
to the Vermont supreme court, which
reversed the Judgment and set aside the
verdict for errors which occurred at
the trial This decision was rendered
last January. Then Mr. Carpenter IS at
torneys amended the suit to bring if
under the Federal Employers Liability
law, but inasmuch as that law provides
that suits must be brought within two
years of the accident the railroad com
pany claimed that the time had gone
past for bringing this case under that
law. However, Judge Frank L. Fish al
lowed the amendment, subject to the
defendant s exceptions. Certain plead
ings were filed by the parties raising
the question of whether the suit could
now be amended, and that question is
on its way to the supreme court
The trial just ended had only re-
lated to damages. Whether Mr.. Car
tpenter can recover depends upon what
the supreme court holds as to bringing
the ease under the Federal Employers
Liability law. The plaintiff has aban,
: doned the case under the Vermont com
mon law and relies upon the federel
law.
5 Numerous exceptions were taken dur
: ing the last trial, upon which the case
will go to the supreme court irrespective
of the question involved under the fed
eral law. There is every indication
that the case will not reach final con
, clusion for some time to come.
j. NJ. Benson of Jamaica was foreman
of the jury at the last trial.
The attorneys who made the argu
. ments were a. f. Cudworth of Soutl
Londonderry and E. W. Gibson of Brat
S tleboro for Mr.. Carpenter, and Harold
! r. Whitney and Clarke O. Fits of Brat
!, tleboro for the railroad company
: In county court at Newfane thii
t morning the case of the state agains
Edward Jackson of Brattleboro,
r teamster, charged with q statutory of
fense, was begun State S Attorne,
0. B. Hughes represents the state anC
$ Harrie B. Chase, assigned by the Brat
a tleboro municipal court, represents tn,
respondent. With the exception of TIN
y medical testimony of DIR. II. p. Green,
: and Dr. c. r. Aldrich all of the state :
: witnesses had testified when the nool
4 recess was taken. The medical expert
= were the first witnesses this afternoon
e Three little girls, two of them eigh
d years of age and on 10, testified to hav
}. ing caught ride Feb. II on sleigl
! driven by the respondent. The mothe
e of one of the children gave testimon
d this morning tending to implieate tn
e respondent, but the child S story 0
what transpired on the sleigh, as toll
on the stand, failed to develop an ac
of extreme intimacy. 1t is expected tha
the case will reach the jury late thi
afternoon.