The Barre daily times. (Barre, Vt.) 1897-1959, 1918-05-07
RAILROADN NOT
| RESPONSIBLE
For Shipments .ced on
Private Sid ! Says
Suprem( s1urt
DECISION /EN
TSARRE CASE
Court Held First Session
in It's New Home
To-day

The Vermont supreme court held to-
day that a railroad is not responsible for
shipment placed on private siding.
The opinion was given in the Washing
ton county case of Charles Bianch a.
Sons of Barre against the Montpelier h
Wells River railroad, the action having
been brought TO recover the value of a
monument shipped to st. Louis and con
signed 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, and
the judgment was in favor of the defend
ant. Supreme court to-day affirmed the
judgment.
In the Windham county case of New
York Central Railroad company, as les
see of the Boston q Albany railroad, VS.
II. G. Clark and the Vermont National
bank, trustee, Judgment on the pleading
was reversed and cause remanded that
accounting may occur. This was an ac-
tion to recover for railroad carriage,
which in the lower court was denied, the
plaintiffs demurrer being oyerruled. The
case involved lengthy decision upon
the practice act. Opinion to-day was by
Judge Haselton.
Windsor county-In regard to estate
of Alonzo A. Martin. This was case
over the breaking of will, in which the
jury in the lower court found the docu-
ment presented in court was not the last
will of Mr.. Martin. The case involved
of evidence over which there
-
tions were taken to testimony and
charges Judgment reversed and cause
Powers, justice.
Caledonia county-Joseph Wells VS..
Roy E. Blodgett. This is a case over the
value of COW upon which one Cushman
held mortgage along with a mortgage
upon other cows, and involves to consid
erabe extent descriptions placed in chat
tel mortgages. The decision recited err
rors in charging the jury. Judgment re-
versed and cause remanded. Taylor, JUS
tice.
Lamoille county, c. Morgan VS. Viii
age of Stowe, which is important to al,
Incorporated villages in Vermont. The
question is over Interpretation of the.
aw, the plaintiff claiming that the negli-
yence is part of the water system,
while the defense is that placing of hy-
lrant in question was a government act.
4 pro forma judgment was given in the
over court for the defendant. Mr.. Nor
,an was injured by collision of his
wagon with the hydrant in question.
Judgment affirmed. Miles, justice.
Windham county-G. W. Bradley vs.
Amos n Blondin, Somerset Land com
any. This case involves the interpreta-
ion of the rules of the court. 1t has
cen twice to supreme court before this
ime. The case is the result of con
ract between the parties over sale of
md providing a conditional sale. Judg-
rent affirmed and cause remanded.
The following cases have been disposed
out of court
Caledonia county-Continenta Jewel
7 company VS.. estate Of David Frech
tie, settled and discontinued; Jennie M.
pinney, administrator, VS.. 0. V. Hooker
nd son, Judgment affirmed.
Chittenden county-W. Z. McGraw vs..
rank b. Eldred, settled and discontin
I'd; State VS.. Frank c.. Kaatz. motion
affirm judgment of lower court is filed,
Essex county-Lapointe VS. Sage and
apointe, and Z. Mernier VS.. Fitzgerald
and & Lumber company, motions to af-
m judgments of lower court are filed.
Franklin county--Gover VS.. Swanton,
tiled and discontinued.
Windham county-Wilson I. Brown VS..
River Power Co., settled.
Washington county Amusement
,mpany. Inc. VS.. Barre, no hearing.
emme J. Covell administrators, VS..
S. Field, decree affirmed, cause re-
anded at once.
In the Windsor county cases of Pease
Edgerton and Chedel, and Tompkin
n VS.. Edgerton and Chedel, d. A. Pin
pe filed motion to dismiss the appeal
I'm the lower court on the ground that
was not made from the final decree in
e case. The arguments will be made
len the cases are reached.
In the Chittenden county case of White
White, a motion to dismiss has been
d.
IN the Bennington county cases, OF
ich there are four, two of them have
N continued, leaving that of the Bar
estate and Morgan estate to be ar
ID before the court. Upon the compile
n of these arguments, the Rutland
nty cases will be commenced, of which
nv one is set for hearing.
Supreme Court in New Home.
he May term of supreme court con
ed at 10 o'clock this morning in the
= court room in the state building,
re being large attendance of law
5. Many complimentary expressions
e heard on the beatuy of the new
le of the highest court in Vermont.
he session was opened with prayer by
:. p J. Long. rector Of st. Augustine
rch. Montpelier, and Sheriff +. n.
CIV read the proclamation. The proc
alton is new and reads as follows:
ar yel Hear yel The honorable su
ne court appointed by law to be hold
II this time and place Is now open.
persons having business therein draw
and you shall be heard. God save
state Of Vermont"