Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1918-05-09
SUPREME COURT COMvENES
Large Attendance for Opening Session
in New Court ROOm-Mnny
Opinions Handed Down

Montpelier, May 1.-THE May term of
Vermont Supreme court convened at ten
o'clock this morning with n large attend
ance Of the bar in the new court room in
the State building. Many pleasant COM
ments were heard upon the beauty of the
new accommodations for the court and
many of the attorneys went to the build
ing early to look over the different rooms.
The session was opened with prayer by
the Rev. =. ]. Long, rector of st. Angus
tne's Church. while Sheriff F. H. Tracy
made the opening proclamation. 1t is diff
ferent from the old one and reads thus:
Hear We; hear ye; hear ye; the honorable
the supreme court appointed by law to be
holden at this time and place is now open.
All persons having business therein draw
near and you shall be heard. God save
the State of Vermont"
This was followed by the call of the
docket which resulted in several entries
being made.
The court held that a railroad is not re-
sponsible for a shipment placed on pri-
vate siding. The opinion was given in the
washington county case of Charles Bian-
Chi &, Sons of Barre against the Montpe-
lier &. Wells River railroad the acton
having been brought to recover the value
Of a monument shipped to st. Louis ana
consigned to the shippers. In the lower
court the question was whether the rail-
road was responsible for the shipment
after the car was placed on siding ana
the judgment was in favor OF the deiend-
ant. Supreme court affirmed the 1uds-
ment.
windsor county-In regard to estate of
Alonzo A. Martin. This was a case over
the breaking of will, in which the jury
in the lower court found the document
presented in court was not the last Will
of Mr.. Martin. The case involved preseh-
tation of evidence over which there was
considerable conflict. Many eKceptiohs
were taken to testimony ana charses
Judgment and cause remanded.
Lamoille county, c. Morgan VS.. VII,
iage of Stowe, which is important TO al
Incorporated villages in Vermont. The
question Is over Interpretation OF tne
law. the plaintiff claiming that the negi-
gence is a part of the water system while
the defense Is that placing OF hydraht III
cuestion was a government act. a Pre-
formal Judgment was given in the loWei
court for the defendant. Mr.. Morgan was
injured by a collision of his wagon WIN
the hydrant in question. Judgment al
flrmed.
AT the afternoon session the following
opinions were read:
washington county: GLOBE Grahite "
VS.. Charles Clements, which was 10 re-
cover the price of monument. In th'
,o,,,or court a Judgment for $727 for the
nlaintiff When the monument was SCI
IN a New York cemetery crack was
found and the purchaser of the monu
rept from Mr.. Clements refused u
accent it, There was a question AS u
breach of warranty or general assuInPs''
The case of implied warranty was re
moved in the decision, but expressed
warranty sustained. Judgment 10
larger sum reversed and judgment 10
the smaller sum or $lf6.
Grand Isle county: James F. McBrid
vs. Nettie Kibbe V. Neil. C. McNal
Guardian of Clayton Kibbe. apt. Thi
action is question of settlement 10
rental of property. In the lower cour
a verdict for $3.50 and costs, to which TN
nlaintiff took exceptions and brought TN
case to supreme court. 1uoehie"
affirmed. Taylor. Justice.
caledonia county: Brightlook Hospita
association vs.. Stanley +. Garfield, t
recover money for care OF defendan
nfter injury Of defendant while employe
nv Passumpsic Telephone company IN
defendant claimed Manager Merriil
comnany was holden and not he. Gar
ae,d which the court sustained, givin
Judgment for the defendant. Judgmen
affirmed.
Chittenden county: City Savings Ban
&, Trust Co. (of Vicksburg, Lao VS.. Selin
A. Peck This was a case for coilectio
of face value of note held by a thir
party. Payments made to Mr.. AXE
should have been applied upon the not
Decree affirmed Let new time 10
redemption be fixed Powers, justice. GID
e. Swartz. successor to Gilbo d TobiI
VS.. estate Of Anna f. Merrill, James
Merrill, administrator. which Is an appel
from commissioners in probate court owe
the construction Of windmill, in whic
Judgment was in favor OF defendant
the lower court. Judgment reversed an
cause remanded.
Orleans county: VIII A. wright VI