The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1916-05-26
Staten Loses Damage Action
Against Central Yer
mont Railroad
CASE TO BE TAKEN
TO SUPREME COURT
Judge Miles Holds that Railroad Was
Not Liable for Damage Caused by
Enploye Outside His Employment
Vernott Assault Case Now On.

The Central Vermont railroad, de-
fendant IN the suit brought by H. A
Staten of Vernon to recover damages
of $4,000 for injuries received Wien
tAe plaintiff was shot and severiv
wounded twice by Hugh Collins, a sub
stItute station agent at Vernon, did
not put III any evidence when the
plaintiff rested in county court at New
fame yesterday afternoon.
Upon motion of the defendant the
court ordered the jury to return
verdict for the defendant on the ground
that when Collins left the station to
get the gun with which he shot Mr.
Staten he was without the scope of
/ hls employment by the company. The
court held that the company was not
liable under the statute.
The suit is brought under Section
1906 OF the Public Statutes. which pro
vidcs, among other things, that a rail
I road shall be liable for damages sus-
tanned by Il person by any act Of an
employe who is retained in the employ
| of railroad corporation when it is
known to the officials of the road that
/ he uses Intoxicating liquor.
! This statute has been in force since
( 1853. 1t was claimed by John W. Red
mond of Newport and Charles +. Black
of St. Adams, counsel for the railroad.
that the statute was intended to cover
cases where the railroad emplove by
some act incident to his employment
caused damage or injury, such as, for
instance, sending a wrong despatch or
. displaying a wrong signal. In such
cases. the defense claimed, the railroad
would be liable under the statute if
it retained the employe knowing that
he used liquor. They argued that the
railroad was not liable for damage or
injury resulting from an act of an en-
pl0ye committed outside of his en-
ployment
{ Judge Miles took this view of the
matter and said the statute ought to
come before the supreme court for in
/ depreciation. SO far as is known no
ease ever has come before the supreme
court involving this question.
/ The plaintiff saved several excep-
tions and the case will be taken to the
supreme court on exceptions.
| DR.. George r. Anderson of Brattle-
horo. who attended Mr. Staten, testi-
fed at length at the afternoon session
TO tle nature of the wounds Harold
/ Aklcy of Vernon testified that Collins
had been drinking heavily several
days. c. Z. Allen of this town gave
Slmil3r testimony.
Collins, himself. testified that he
had been discharged from the employ
of the New Haven railroad because
of his drinking habits and said that
while he did not doubt that he slot
Mr.. Staten he has no recollection of
the events of that Sunday morning.
Sheriff c. +. Mann of BrattleborC
testified TO arresting Collins and Depu
ty Sheriff c. /. Knapp of this town
testified as to the distances between
several points at the scene of the
shooting.
Consideration of the charge of as
sault with dangerous weapon pre-
/, ferred against T. Geugonis and of as
sault preferred against n. Spingla, fol
, their wounding of Albert Vernott with
a knife near the White River chain
factory last month was begun this af
, tcrnoon in county court. There was M
! session of the court this morning az
Il. G. Bacon and E. w Gibson, whC
aad been assigned to defend the re
spondents, We're not prepared to go OF
with the case, which had been assigned
for next Monday in the expectation
! that the Staten-Central Vermont cas-,
would continue through today.
Vernott, who was badly wounded
has sufficiently recovered to be il
court. Vernott was stabbed early or
the morning of April 25 by Geugonis
who was accompanied by Spingla. Al
were employees of the White Rivei
Chair Co, and there nad been bat
blood between them for some time.