Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-05-03
SUPREME COURT OPINIONS
Thlrty-Three Cases Set for Hearing-
Much Business Disposed Of In
First Day.

First Day.
Montpelier, May 1.-Although nearly haif
Of 8, cases set on the trial calendar
OF the May term of the supreme court for
hearing were continued or otherwise
disposed Of to-day a review Of the
calendar and docket by the court prior
to the reading of opinions resulted in %
being set for hearing, many being taken
from the docket.
The case Of George Humphrey VS.. o.
A. Wheeler, Orleans county. will be sub
mtted on briefs. In the case Of George
Campbell vs.. Montpelier Ice Co., ct al. a
motion to dismiss the appeal made ~ the
uoienjaiU was nisue.
Motions for affirmance were made in
the Franklin county cases Of Elizabeth
Miner, executrix, vs. Sarah Shaunsasey,
ct al, and s. A. Soule VS.. Daniel Miner.
Similar motions were made in the Chit
tenden county cases of John Reynolds VS..
Wilbur Field and Mary A. Freeman. apt,
vs. Estate Of Frank F. Freeman, Kath-
crime j. Freeman executrix.
I Rutland county-Oponions were given in
the following cases: Vermont Marble
company vs.. George p. Eastman and Per-
cival w. Clement, motion for re-argiment
denied, decree for plaintiff affirmed and
cause remanded opinion by Chief Justice
Watson.
Caledonia county-George Roben va.
Ryegate Light & Power Co., verdict for
plaintiff for s1.07b reversed and cause re-
manded Opinion by Justice Haselton.
Addison county-Arthur c. Barnard vs..
Richard II. Leonard, judgment for plaintiff
affirmed. c. ]. Watson.
Caledonia county--Percv D. Sanderson
; Va. Boston & Maine railroad, Judgment
affirmed for plaintiff to recover $780,
Opinion written by Justice Mounson; Wall
ter ]. Aldrich vs.. Boston & Maine rail-
road. judgment affirmed for plaintiff to
recover s175s3, Watson.
Chittenden countyA-N. W. Van C1eve
vs.. Eastern Fruit and Nut orchard Co..
Judgment for plaintiff to recover s1.s74
and costs reversed and cause remand
ed Haselton.
Essex county--Ambroise Castonguay
vs.. Grand Trunk Railway. judgment
, for plaintiff to recover $4,000 reversed
5 and cause remanded. plaintiff to have
: leave to amend II so advised. The op,n-
: ion was read by Justice Powers and de-
\ cded that the man. employed as
. helper by the railroad. did not come un-
. der the federal liability act, court
t holding that he was not engaged In In
: ter-state commerce work directly
: enough to come under the federal act.
The opinion agrees with the Shanxs
e case, upon which an opinion was given
J. recently by the United States Supreme
: court -
a Orange county-Ellen r. Sanders VS..
e Marion Burnham, verdict OF $1'OOo TOT
3 plaintiff reversed and cause remanded.
= opinion by Justice Miles. -
% Orleans county-William Rohey vs.
Boston & Maine railroad, verdict TOT
n plaintiff for $6,125 affirmed, opinion by
"a Justice Powers.
I Rutland county-John Edward Der
v win, by James c. Dervin. his next
y friend, vs. Wilson H. Premier and
Thomas iCarmody, reversed on Ques'
ton or liability only. remanded FOL
trial thereon. opinion by Judge Pow
ers The plaintiff secured $7ss.s3 YER
/. dict in the lower court.
windham county international
Paper Co.. ct al vs. Bellows Fall.
ID Canal Co., pro lorna decree reversed
=. opinion by Chief Justice Watson: Mar
> ion Howe pro ami. VS.. Central Yer
10 mont railway. judgment reversed and
/: cause remanded, Judgment in lower
I'd court for plaintiff to recover $7s07s
AZ opinion by Justice watson; State o
NJ Vermont vs.. M. Hirsch. lottery, an ap
u. peal from BrattIeboro city court
=. Judgment reversed and cause remand
~ cd. opinion by Justice Taylor Thu
~ opinion held that trial by munictpa
court Judge without jury in crtmina
~ cause even with consent OF responder
a., not allowed.
o. - Windsor county-The LaFountain ant
20 Woolson Co. vs.. Walter w. Brown. judg
.. ment for plaintiff affirmed. Taylor.
AZ Washington county-Jennie M. Cutting
% vs. John A. ]. Cutting. pro forma deere
~ affirmed Powers: Kate l.. Collins ct a
VS.. city of Barre. reversed and cAus
n remanded. Watson: AERO L. Noyes. adm
10 vs.. Hiram G. Woodruff. judgment for de
no PENDANT to recover his costs affirmed
in Haselton; Frank NJ. Cory. trustee. an
- Charles 1. Nye VS.. Barre Granite
or. Quarry Co.. ct al. decree affirmed ar
or cause remanded with leave to apply. Mum
ke son; Antonio Cont VS.. Harry F. johnson
sr- and George w. Mann. exceptions by Man
sustained, judgmt mt reversed and judG
ment that defendant Mann recover hi
l." costs. Miles.