Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1917-10-26
MRS. BACON LOSES
AUTOMOBILE CASE
Verdict Of Town of Dummerston
to Recover Costs
Town Alleged Plaintiff Drove Her Car
Neghgently-Frank Lawrence Sur
rendered by Bondsmen.


After the weekend recess Windham
county court re-cOnvened in Newfane
Tuesday afternoon and took up the
ease of Mrs. Georganna NJ. Bacon of
Brattleboro wife of Robert G. Bacon,
against the town of Dummerston. This
was a suit to recover damages of $500
because of an automobile accident in
Dummerston August 20, 1916. H. G..
q F.. f. Barber appeared for the plaintiff
and A. f. Schwenk and w. R. Daley
for the defendant.
The case went to the jury about 4.30
o clock yesterday afternoon and about
- minutes later the jury returned a
verdict for the town, which allows the
town to recover its costs.
The evidence tended to show that on
the afternoon of Aug. % Mrs. Bacon
and her sister, Mrs. T.. G. Phillips of
Brattleboro, were driving toward Brat
tleboro and were on the fat south of
the Bennett place. below where the
road branches off to Slab Hollow.
Road repairs were being made at
the time and the automobile met
road scraper drawn by pair of
horses. One of the horses was fright
ened by the automobile and raised up
on his hind legs. The driver of the
road scraper said Mrs. Bacon, who was
driving the car. turned to look at the
horses and at that time her car start
ed off the road. 1t struck an apple
tree and was damaged, but continued
on until it reached a tile sluiceway
under the road, above the end of which
was laid a log lengthwise of the road
for safety. When the car stopped it
was astride this log, two wheels
dangling in the air several feet above
the ground. Had it not been for this
log the ear probably would have over
turned.
The plaintiff claimed that the road
was in insufficient repair and that the
town was liable by reason of not hav-
ing a guard rail at that point, while
the town maintained that the accident
was due to negligent driving on the
part of Mrs. Bacon. ~
Arguments yesterday morning were
| by Attorney Frank +. Barber for the
plaintiff and Attorney w. r. Daley for
the defendant, leaving for the after
noon arguments by Attorney A. F.
Schwenk for the defendant and Attor-
ney H. G. Barber for the plaintiff.
Tuesday all the cases in which
Judge Warner A. Graham of Bellows
Falls is counsel were continued ON ac-
count of Judge Graham 8 illness.
Frank Lawrence of Townshend, who
is serving a sentence of seven wears in
the House of Correction at Rutland for
selling mortgaged property, was brought
There Wednesday afternoon by Deputy
Sheriff Henry r. Adams of Rutland and
taken to county court on habeas corpus
proceedings brought by James NJ. Gil
bert of Brattleboro and Mrs. Emma r.
Persons of Townshend, who were on his
bail in another action brought by o. d.
Parker of South Londonderry. He was
surrendered by the bondsmen and the
court discharged the bail and remanded
Lawrence to the House of Correction.
Lawrence was caught two years ago
after jumping into the river at Shell
burne Falls, Mass, in trying to avoid
arrest.
The case to be taken ,Ap this
morning is that of Mrs. Nettie Hastings
OF Bennington against Alfred White of
Nottingham, an action of trover for the
alleged conversion of live stock to the
defendant S use. Mrs. Hastings sold her
farm in Nottingham TO White, together
with the stock and tools in 1915, and
since then White has made payments on
the property. He sold some of the live
stock, which the plaintiff claims he had
no right to do Attorney Charles A.
Maurer of Bennington is counsel for Mrs
Hastings and Attorneys Chase & Chase
of Brattleboro represent White.