Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-08-02
AWARDS DAMAGES
OF $4,000
After 10 Years Darling Makes
Report in Celebrated "Flash-
board" Case.

Middlebury. July N.-Damages totaling
about $4,000 are awarded the orators in
the celebrated "fashboard case by
Judge c. H. Darling, special master.
This is the case that has been pending
in chancery ever since December 1900,
growing out Of trouble between the own
ers Of the water rights at the falls at
Otter creek and many farmers in towns
up the river. The case Is known as
P. B. Cloyes ct al VS.. the Middlebury
Electric company ct al. Judge Darling 8
report has been filed with County Clerk
Rufus Wainwright.
There were more than 80 orators orig
inally. about half Of whom have since
died and been succeeded by administra-
tors or executors. The original defend
ants were. besides the Electric company
The village Of Middlebury. Rogers and
Wells, the Brandon Italian Marble COM
pany. Charles s. Murkland and Helen N.
Murkland and w. F. and d. D. Bur-
dit of Pittsford and Rutland.
In 1898 the defendants caused a dam
to be built across the falls to give them
additional water power. The orators
claim that because of this dam their
lands UP the river were flooded and their
crops greatly damaged. On July in
that year. a large number of the orators.
with their hired help. their uncles and
their aunts. swooped down upon this
village bearing crow-bars, pick-axes,
shovels and other implements of destruc-
ton and attacked the dam In force. When
they had got 1t pretty nearly destroyed
they were flooded with water from hose
on both sides Of the river and driven
from the scene In highly unpleasant
condition Of dampness.
Tho dov, aO0n rohuilt and rem ined
in place until 1907. when the defendants
voluntarily had 1t removed. the suit hav-
Ing In the meantime been instituted and
heavy damages being claimed by the ora
tors.
Ex-Chief Justice and ex-senator Jona-
than II. Ross Of st. Johnsbury was the
first special master. Judge Darling was
appointed special master in December.
1907, and has had the case In his hands
for consideration for nearly ten years.
During this time he has examined scores
of witnesses. has examined many aff1-
davits and exhibits and has taken the
testimony Of witnesses in the towns of
Middlebury, Salisbury. Brandon. Rut-
land and Burlington, the original orators
having been residents of the towns of
Cornwall, Salisbury. Leicester Brandon.
Middlebury and Whiting.
After taking all this testimony and
hearing arguments and reading briefs of
counsel for both sides. Judge Darling has
finally filed his report. For 10 of the IS
years during which the dashboard" was
in place he allows each orator Sc per acres
per year for damages to his hay land and
meadow land. but for the three years 1897.
1902 and 1905. he hnds that there were ex-
cessive rains and that consequently more
than average damages In the other years.
A special report on these years will be
added later. The total damages. about
Sl2O, 900 are awarded to the original ora
tors or their successors In the towns above
named. The highest award to any one
person Is Sll.7O0 to the estate Of the late
Columbus Smith of Salisbury, and the
smallest. S72. to Isaac E. Little OF Corn
wall
This report, Of course. is not final and
does not close the case rs the defendants
will put up strong fight to have II over.
turned. or at all events very largely pared
down by the chancellor when the case
comes before him for fnal hearing Dur.
ing the progress of the case many eminent
attorneys have been enlisted as solicitors
for one side or the other and a consider
able proportion Of these. as In the case OF
the original orators. are no longer In thu
land Of the living.