Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1916-05-05
WANTS PAY FOR WORK
Marlboro Woman's Suit Against
Father.in.Law Being Heard
DR.. Grace Burnett Wins Damage Suit
Against Larrow Small Verdict
Against william B. Houghton.

ABdlIlSU Wllllum d. t1OuBhIoh'
The jury which heard the case of DR..
Grace W. Burnett against +. A. Lar
row, owner of touring car and Har-
ny Whitaker, a chauffeur, a suit which
arose from an accident last August in
which the two cars collided, returned n
verdict Friday morning for the plaintiff |
to recover $30S.33. The judge deliver
ed the charge that morning and the
jury was out a little over an houl.
The ad damnum named in the suit
was 500, but the plaintiff claimed
actually $3.50 for depreciation in the
value of the car and about $75 for re-
pair bills as the result of the coils !
ion No damages for personal injuries
were claimed. Another suit against
the same defendants to recover for
personal injuries received as the re-
suit of the same accident by Mrs. Alb
bic o. Burnett, mother of DR.. Burnett
was set forward on the calendar ana
may not be tried this term.
The plaintiff s evidence tended to
show that she was driving her car, ac-
companied by her mother, on the even
ing of Aug % and when going down
"Algiers' hill in Guilford was run in
to by the automobile of Mr.. Larrow,
driven by Whitaker. DR.. Burnett
claimed that she was on the extreme
right hand side of the road and that
the Larrow car was driven from be-
hind team in an attempt to pass be-
tween the horse drawn vehicle and DR..
Burnett s ear, the collision resulting.
Dispositions of six New York resi-
dents, who were summer residents OF
Guilford, were introduced They were
returning to Guilford from Brattlc.
boro and arrived soon after the acct
dent and, according to the claims of
the plaintiff, before the position of the
two cars had been changed. Their dep
ositions tended to substantiate the
claims of the plaintiff that her car was
on the extreme right hand side of the
road.
Nj. Whitaker and the passengers in
his car testified that Whitaker was on
his extreme right hand side of the road
and that the accident was caused by
DR.. Burnett cutting across the road i'm
mediately after the team had been
passed. DR.. Burnett was on her way
to Brattleboro and the Larrow car was
going in the opposite direction. h. c.
Bacon appeared for the plaintiff and
II. E. Eddy and H. f. Whitney for the
defendants.
The jury in the case of the Ander-
son Tool Co. of Anderson, Ind, against
the estate of George A. Eels of Brat
tleboro, Charles A. Boyden, executor,
appellant, returned Friday afternoon
a verdict for the defendant to recover
COSTS as directed by the court. The
defendant did not put in any evidence
but moved that the judge direct yer.
diet for the defendant, which was done.
The suit was brought to recover the
, value of set of scales sold by the
5 late George A. Eels on judgment OBJ
, tanned from A. Fl. Baker, proprietor
of grocery store at the corner of Ca
nal and South Main streets in property
owned by Mr. Eels. The tool company
claimed lien note on the scales. The
note had not been recorded, but the
company claimed that Mr. Eels had
knowledge of the note.
After the plaintiff had put in EVIL
dence and rested F. E. Barber of coun-
sci for the defendant moved for a yer.
1 diet for the defendant on the ground
I that it had not been shown that Mr.
Eels ever received notice of the lien
and that the action, being in assump-
y sit, must show that he received cash
: for the scales and that the action
should have been q trover action. w
r. Daley and w. d. Smith appeared
for the company.
The alienation of affections suit of
: Charles Lynde of Guilford against Mer-
ton Doolittle of Brattleboro to recover
> $1,000 came TO sudden halt Mon
day. After court opened Attorney E.
. w. Gibson of counsel for Mr.. Lyndc
: moved that the case be continued be-
= cause of his inability to locate mate
9 rial witness, Walter Gibbs He said
: that Sheriff Mann looked for him Sat
= urday until late at night and again
4 Monday without being able to find
= him, although he was working fol
h Doolittle.
- The court said the jury might be Sc
! cured, to be ready to start the case
n next morning in case the witness was
9 found, but Mr.. Gibson finally decided
. that he would discontinue the suit
, which was done, but he says he viii
- bring another suit as he does not i'll
- tend to drop the matter
- O. B. Hughes and F. f. Barber, coun
4 sci for Doolttle opposed a continu
i ance and said they might assist in the
= search for Gibbs, and Mr.. Gibson sale
y no doubt the attorneys for the othel
side could produce Gibbs if they de
q sired
9 After being out four hours yester
f day the jury that heard the case OF
j, the II. w. Gutterman Co. of Spring
!, field, Mass, against w. B. Houghtor
of Brattleboro, suit to recover an al
q legged balance due of $1,000 for stor
>, age of furniture and decorating, re
turned at CLOCK last night yer
diet for $244,67 for the plaintiff.
The defendant claimed that there
It was an offset to the claim of between
$500 and 5000 for damages and thai
the bill for decorating was excessive
The case was in hearing two days.
2 Mr.. Cummings of the Springfield Law
= firm of Leary, Leary & Cummings, anC
:, u Chase & Chase of Brattleboro ap
y peared for the plaintiff and F. E. Bar
> Der for the defendant.
The case of Eva L. Brown of Mari
b boro against her father-inlaw, Alder
G. Brown, and the Brattleboro Saw