The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1917-09-26
Cobb Dismissed from Lar
row Case and Allowed to
Recover Costs
|SUIT WAS BROUGHT
TO RECOVER $4,000
Suit of George Johnson of Jamaica
Against Mrs. Nellie Temple of Will
mington, to Recover for Work and
/ Money Loaned Now on Trial

\ verdict Of $270.15 in favor of
Frank A. Larrow was rendered by the
Jury in county court about 5.d5 clock
yesterday afternoon in the ease of Mr.
Larrow against Paul d. Cobb and
George Martell, but earlier in the day
Mr.. Cobb was dismissed from the case,
so the verdict stands against Mr. Mar
tell.
| In this suit Mr.. Larrow sought to re-
cover $4,000 for injuries received in
February 1914, while driving horse
on Flat street, in a collision with an
automobile driven by Mr.. Martell, an
employe of Mr.. Cobb in the latter 5
garage on Elm street. The collision oc-
Cured near the junction of Elm and
Flat streets and Mr.. Larrow was thrown
to the ground and injured. The hear
ing was begun last week.
Court re-convencd. after the Sundav
recess late Monday afternoon, and aft
,er the taking of a little more ov 1ence
Attorney H. G. Barber for the defense
Imoved for dismissal on account of a
variance between the allegations in the
declaration and the proof produced.
but the court overruied the motion
Attorney R. c. Bacon for Mr.. Larrow
moved that the ease be discontinued as
to Mr.. Cobb, and the court so ordered
allowing Mr.. Cobb to recover his costs
from the plaintiff. 1t has been shown
that although Mr. Martell was in Mr.
Cobb s employ he was employed bv the
hour as called upon and at the time of
the accident he had finished his work for
the morning and was taking the auto.
mobile to X. f. Mosher, the owner. at
Mr.. Mosher S instructions BY telephone
Mr.. Martell therefore was not actually
employed by Mr. Cobb at the time of
the accident
I Attorney Bacon opened the argu
ment for the plaintiff, followed by At
torney Barber for the defense. and At
torney Bacon closed for the plaintiff
The jury took the case at l1.30 yester
|, day.
Mr.. Bacon brought out the fact that
the ear was being driven at Is to q
. miles an hour. that no horn was sound
: ed and that the brakes were not ap
Piled. The jury was reminded that Mr.
: Larrow has expended over $500 for med
zeal and nurse attendance and medicine
!. and Mr.. Bacon argued that the plain
:. tlft was entitled to recover about 81 ,00i
! tor expenses and time lost and pain
endured and future damages III addi
!. tion.
] Attorney Barber pictured Mr.. Larroq
IS driving fast horse on the Flat stree
= stretch, riding i'll a sulkv. stating tina
70 the horse afterwards was trained 70
the track. He emphasized the fact thl
d Mr. Martell was at theamoment of th
e accident acting under instruction
n from Mr. Mosher, that Mr. Moshe
i owned the car and that Mr.. Mosher cal
rled liability insurance. and argue
that the insurance company was tn
party that ought to settle for the dan
ages if ANYBODY.
AT the conclusion of the Larrow cas-
} the suit of George Johnson of Jamaic
against Mrs. Nellie Temple of Whining
ton was taken up. Mr.. Johnson live
II at Mrs. Temple s four or five year
but left there on account Of troubl
tie sued to recover $500 for work, MOI
ey loaned and materials furnished. Mr.
- Temple claims that money paid hi
y, and things which she furnished hi
/ more than offset his claim. Attorne
al A. w. Butler of Jamaica appears fl
ra the plaintiff and Attorney Harrie
ia Chase of Brattleboro for the defen
i. ant. The plaintiff rested this mornir
a. and the defense this afternoon, aft
ro which the arguments were begun