The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1916-09-23
BROWN LOSES TO
POWER COMPANY
Jury Finds Road Was Used
by Defendant Only
One Week
COSTS ALSO TAXED
AGAINST BROWN
Exceptions to Supreme Court Taken by
Plaintiff-Court Takes Recess to Mon
day as Settlement Was Reached in
Case Next on Docket.

Judge Leighton p. Slack, presiding
at the September term of the Wind
ham county court, ruled yesterday at
.ternoon that the contract between Will
son /. Brown and the Connecticut Riv
.er Power Co, concerning the use of a
certain road, was III force for only the
time the company used the road. This
LETT to the jury the question of deter
mining the exact length of time the
company used the road, and after be-
ing out 20 minutes they found that
the road was used for one week. In
asmueh as the Power Co. had rendered
Mr.. Brown the full amount due for
one week $ use of the road, $15, this
threw the costs upon Mr., Brown, and
they are considerably more than the
amount to be recovered as result of
the verdict The ease will be taken
to the supreme court by II. G. & f. f.
| Barber, counsel for the plaintiff, on
exceptions from Judge Slack 5 ruling
{. c. Fits appeared for the defendant
company.
| The iury in the ease was composed
of r. b. Thomas of Guilford, foreman,
| Henry Stockwell of Brattleboro, Luke
| II. Weatherhead Of Brattleboro, Frank
/ Leonard Of Dummerston, Samuel T.
Leonard of Grafton, r. j. Philips of
Halifax, w. A. Newell of Jamaica, b.
+. Morse of Newfane, George L. Hap
good and David Savage Of Rocking
ham, Harry Howard of Townsheld and
Frank &. Smith of Wilmington.
This case has aroused special interest
| because of the wording of the contract
and its acceptance by the plaintiff. The
plaintiff sought to recover $352.50, al
legged to be due for % weeks use OF
a private road over his property al
the rate of SIS a week.
In July, 1915, the company was en-
gagged in hauling materials to repair 3
dixie on the property of the Brattle
boro Retreat. To shorten the haul per
mission was obtained by the company
TO haul the materials over the private
road through the property of Mr.
: Brown and an agreement was signet
by Attorney Harold f. Whitney of tht
: power company to pay the plaintiff
for the use of the road at the rate O
! Sl5 a week.
The letter embodyiag the agreemen
! was shown to Mr.. Brown and he wrot
on the bottom of it: Accepted b,
Wilson |. Brown for the year 1915.
r The company ceased 70 use the roa
e after one week and rendered paymen
e of $l5, which was declined and clai1
< was made for payment for the remain
; der of the year % weeks.
b The company last December sough
: to have Mr.. Brown restrained frol
bringing an action at law, but the ,,
/ tition for an order oil restraint was di
n missed by Judge Frank L. Fish Will
g out prejudice. The company elaine
h that the construction which he on
/ Brown seeks to put upon the agre
II ment is false, unjust, inequitable, e,
II orbitant and fraudulent.
IL The ease of Henry r. Brown {
r Brattleboro against ]. NJ Ballou, while
was to have been heard at the close
G the Power Co. case was reported
e, settled.
= As no other case was ready for tri
N yesterday afternoon Judge Slack Q
n dered recess until Monday afternot
at 2 O'Clock, when the case of Richa
70 B. Reed of Londonderry against Il
Of llium Lumber Co., suit brought
le srecover for money alleged to be d
OF for labor, will be heard About So
~ is involved. H. c. & F. f. Barb
are attorneys for the plaintiff and
C. Archibald of Manchester for the d
Ffendant company.