The Barre daily times. (Barre, Vt.) 1897-1959, 1916-05-03
LOST IT'S POSITION,
FIRST ON DOCKET
H. c. Potter VS.. |. N. Chase Was Not
Ready to Be Taken Up in Supreme
Court To-day-Many Opinions
Rendered.

Because the first two cases listed for
hearing on the trial calendar were not
ready this morning in supreme court at
Montpelier, the first, ii. c. Potter vs..
l. N. Chase, Addison county, lost its
place on the calendar, and the other,
Leon Dane VS.. Neoma Bean, Caledonia
county, was stricken off the list.
Another Caledonia county case, Gil.
man Brothers VS.. Austin I. Booth, gener-
al and special assumpsit, was taken up
for argument. Porter, Writers and Har-
| vey appear for the plaintiff and Dona.
way, Dunnett and Shields appear for the
defendant
The opinions read yesterday follow:
Addison county, Erwin G.. Piper vs.. Bos-
ton & Maine railroad, judgment affirmed
for the plaintiff to recover Sl05.A with
interest, according to original verdict,
Bennington county-Mary +. Fitzger-
aid VS.. Metropolitan Life Insurance Co.,
Judgment reversed and cause remanded
for trial. The verdict in the lower court
was for the plaintiff to recover S5l335
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..
Chappell and Phaneuf, apts,, trespass and
case; Judgment for defendants to recover
costs affirmed; Watson.
Orange county,. NJ. Sayers VS.. Mont
pelier & Wells River railroad, pro forma
decree dismissing bill affirmed and clused
remanded; Taylor. The orator contend
ed that the defendant failed TO comply
entirely with an order of the public serv-
ice commission relative to the elimina
tion of a grade crossing, leaving the ora
tor without access to his premises from
the highway.
Orleans county-Raymond Aiken VS..
Oliver Metcalf, judgment reversed and
cause remanded; Powers. The case grew
out of an automobile accident in the town
of lrasburg the plaintiff being injured
when struck by machine while crossing
the street. In the lower court the YER
diet was ordered for the defendant by
the court. In his opinion Judge Powers !
held that the plaintiff exercised the care
Of prudent man before he crossed the |
street. that the evidence showed that he I
looked in a southerlv direction before he 1
attempted to cross the street end failed /
to see the automobile which sIruck him
20 seconds later. The plaintiff had near
" reached the other side when struck I
md would not have ordinarily been look
ng for a machine to be coming from the
Erection indicated on the wrong side OF
he street.
Rutland county-Moses r. Anderson
IS. Howe Scale Co.. negligence, judgment
or the defendant affirmed; Taylor. The
uit was brought for personal injuries
when the plaintiff was injured because of
IN elevator falling one story due to a
,roken bolt. The verdict was ordered by
he court and the plaintiff took the case
0 supreme court on that ground. Judge
'aylor held that the injury was caused
While the elevator was being tested and
he defendant was not negligent because
+ the resultant injury. the bolt which
aused the elevator to fall having been in
Sc two years.
Windham county -Manley Bros vs.
ioston & Maine railroad and Crystal {
prings Ice Co., judgment affirmed for
laintiff: rowers Hester A. Davis VS.. I
arrar Dunn. reversed and cause remand +
d. Judgment in lower court having been I
,r defendant to recover costs; Watson. b
Washington county--Henry Russ VS.. !
Iichael Good, Judgment for defendant i
aversed and cause remanded; Powers. h
AIRY & Jones vs.. Empire Granite 4 b
uarry Co, eft al. decree affirmed and j
Luse remanded Taylor. +. d. Bartlett \
al VS.. Antonio Bonazzi, deceit, demur t
r to plea sustained, plea insufficient, b
nd cause remanded; Haselton. State i
J. Jacob Aaron, an appeal from Barre h
ty court, decree reversed and cause re-
anded; Powers. The respondent had d
,pealed from a verdict against him for Il
legged careless operation of an automo a
le. h
G,