Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-11-08
NOVEMBER TERM
or SUPREME COURT
Judgement Affirmed in Howard
Bank vs.. Arbuckle Cases
from Burlington.

tice John H. Watson presiding. After
the opening proclamation by Sheriff
F. II. Tracy, prayer was offered by the
Rev. 8. F. Bloomfield and the reading of
opinion was commenced.
Justice Haselton read the opinion in
the Bennington county case Of Allen A.
Roberts against Oliver Danforth. In this
case the damages were only $50. although
suit for $4,000 had been brought. Malicious
arrest was set UP. and in the case the
county court reduced the ball to 400. The
opinion overruled the demurrer and
ordered that judgment be afiirmed.
, In the Chittenden county case Of How
ard National bank VI. Cecilia Arbuckle
and trustee, judgment afiirmed was en-
tered. No opinion was read in that case,
but in the companion case Of Howard
National bank vs.. Cecilia Arbdcile, con-
tract. an opinion was read by. Justice
Powers and judgment was affirmed. In
the first case a verdict for the plaintiff
for $2.669.01 was given and in the last
$1,217.8S was given In the lower court.
Justice Taylor read an opinion in the
Orleans county case In regard to the will
Of Abel g. Bubgee, Irene M. Blanchard
and Jeanette B. Steuben. This is a case
relative to shares of the Eastern Town
ships bank, their transfer and letters
written as to the deceased's will, the suit
involving several important questions in
the making of Wills Judgment was re-
versed and the cause remanded.
At the afternoon session Justice Miles
read the first opinion. which was in the
Washington county court case of c. 8.
Whittier VS.. Montpelier Ice Co. and G.
w. Parmenter. This IL a case over the
ownership Of one-half of the North
Branch river from which the defendant
cuts its yearly supply Of ice. 1t is a COM
panion case to George Campbell against
the same defendants. At the last session
the same court gave decision in favor of
Mr.. Campbell. giving the other half of
the stream to Mr.. Campbell. Adverse pos
session was claimed by the defendant
This is the second opinion in this case,
Judgment, decree affirmed and cause re-
manded. Justice Taylor read the opin.
ion in the Washington county case OF
Henry Russ VS.. Michael Good. In the
lower court verdict 81 $2s2 for the plain.
tiff for injuries which the plaintiff alleged
to have received at the hands of Good
following plea Of guilty to breach of the
peace in Barre City court. Several excep.
tons were discussed in the opinion. Judg.
ment affirmed.
Justice Taylor read a short opinion in
the Caledonia county case of Cook and
Norton vs.. town Of Sutton to recover fee
for suit for collection Of taxes of one
Joy. The question was largely as to au.
thority Of the collector to secure attor.
neys advice. Judgment reversed. judg.
ment for plaintiff to recover s. and tax.
able costs.
ADDISON COUNTY CASES ARGUED.
The case of Ira White vs. Howard
Tavern, Addison county, was argued b,
Guy M. Page. for the plaintiff, the de-
PENDANTS attorney, ]. B. Donoway o.
Burlington having missed the train t.
Montpelier. This Is an action in tort
evolving alleged trespass and neglig
ence. 1t was stated to the court tina
the two men went hunting on Sunday
They passed the day in the woods, eacl
going one side of a ridge and doublini
back on their tracks after a conference
and that. finally having completed hi
days hunting. the plaintiff had sa
down on a stone wall to await for tn
defendant. 1t developed that the plain
tiff was shot losing the sight of on
eye. 1t was argued that the defendan
was negligent because he knew from
a day with his companion that he wor
a cap which looked like a gray squire
and that he shot at the top Of the ca
! thinking it was a gray squirrel. TIL
findings of the lower court were unani
nous as to the facts but as to the Ii
ability the assistant judges relieved tn
defendant while the presiding judg
ruled that the defendant was liable an
the case came to supreme court on eX
ceptions. In the morning a motion TO
an affirmed judgment was offered blu
III; vD.k H. 80 .,
ance of Mr.. Donoway. Completing hi
| arguments Mr.. Page was given leave t
file additional citations relative to tn
| negligence in the case and Mr.. Dono
| way was written he might file brief
II he wanted to during the term.
This case was followed by the Addiso
| county case regarding the estate Q
Charles N. Hayward. Emma c. Eldredgt
trustee. and Rose Lucia. administrator
| of the estate of Joel Lucia, trustee Of
fund which Mr.. Hayward created. TIL
history OF the case dates from 1874. tn
death Of the Mr.. Maynard occurring theT
1t is relative to the allowing of tn
| account of Joel Lucia, as filed by Mis-
Lucia. for 5000 disallowed in probat
court.
| The argument Of the two cases in Add
son county cleaned up the cases in tha
county. For the third. Walter ]. Whit
against Helen NJ. Campbell's estate is sci
tied and discontinued.
CHITTENDEN COUNTY ENTRIES.
! The following in entries appeared
! Chittenden county cases: Settled and dii
continued, Ida Farnsworth. guardian, VI
Seldom Tomlinson; motion for affirmane
| in the case Of Emanuel G. Duprat an
Emma Duprat VS.. Frank Chesmore: col
tinued, Auclair VS.. Bushey; Western Tel,
phone company VS.. Lavelle; May v
Pope; Smith VS.. Reynolds. All oths
cases were set for hearing. Sever,
Rutland and Bennington county cas-,
were set for hearing at Rutland. viii
the case of Columbian Marble compan
VS.. Rutland railroad has been settled.
FELcH MURDER CASE GOES OVER
In Orange county. the case Of State v
Ann Fetch. murder. will 20 over to Il
January term. 1t Is expected. while Il
case of State VS.. George Stevens violatir
No. 1858 p. s. has been settled. a Chef
for judgment of the lower court havir
been received by the cierf of supren
court.
In Franklin county the case of Fam
Guthrie VS.. Ernest Combs. assumpsit.
settled and discontinued. The only case
Lamoille county. Buker VS.. Burlingts
Traction company h continued.
In Washington county several entri
appeared, including Blanchard Real Esta
company VS.. Montpelier. motion for settl
ment. no hearing. while the State v
Adalgisa Villa. forgery. is set for hea
Ing.
I Wreck on Bristol Road.