The Barre daily times. (Barre, Vt.) 1897-1959, 1918-02-06
STOWE CASE HEARD.
Action Brought by DR.. Morgan, Who Was
Injured by Driving Against Hydrant.

i
When Vermont supreme court con
vened this morning, the arguments in the
Lamoille county case of Morgan VS.. the
Town of Stowe were completed. This is
case brought directly to supreme court
| on a demurrer for decision as to the
authority upon which hydrant was set
| by the water department in that village.
DIR. Morgan, while driving through the
village last summer, collided with the
/ hydrant and was thrown from his rig,
both legs being broken.
1t is claimed that the hydrant is set
too near the travelled part of the high
way, and the question involved is wheth-
er it was set there by governmental
right or by the private right of the cor
poration as such. Upon the decision of
the construction of the rights depends
the action in the lower court.
The justices announced the following
decisions Tuesday afternoon:
Bennington county; In re estate of
w. r. Morgan, judgment reversed; indg-
ment for the plaintiff; cause remanded
for assessment of judgment.
Frank Pope VS.. Catherine Hogan, judg-
ment reversed and cause remanded; Tay-
lor, justice.
Dexter and Carpenter, Inc, vs.. Henry
n. Fillmore and H. B. Slade, Judgment
affirmed; Watson, Justice.
Chittenden county: Max L. Powell ct
al. VS. James A. Merrill; judgment af
firmed, Powers justice.
NJ. A. Bundy VS.. Shelton Swallow Co.,
ct al, judgment affirmed; Watson, JUS
tice.
Rutland county: Nelson Johnson VS..
Charles Doubleday, judgment affirmed;
Powers justice.
Mary l.. Brown va. Vermont Mutual
Fire Insurance company, judgment al
firmed; Miles, justice.
Windsor county: State VS. Mary Ce-
resa, Judgment that no error occurred,
that the respondent takes nothing by
her exceptions; let execution be done.
The following entry was made Mabel
Z. Hancock VS.. City of St. Albans, dis |
continued. A statement was made that
in the case Of State VS.. NJ. B. Cantell |
in Franklin county the respondent had |
paid the fine and costs and that the case
should 90 off the docket, which was left |
Tor the time being There were several
'ases set for special term to be held in
st. Johnsbury, as well as all of the Wind
nam and Windsor county cases that were
rot ready for trial to be heard at spe
,ial term at Brattleboro.
Because of the inability of the heating
liant to warm the courtroom in Wash
ngton county court, the judges retired to
he judges room yesterday afternoon.
They heard the arguments for new
rial in the case of Francis Ketchum,
murder, the request being asked on the
round that Fred Ferguson, one of the
urymen in the county court trial. was
ne of the first men To see the body of
he alleged victim of Ketchum. 1t was
tated that Ferguson helped to move the
ody.
After this case was concluded. the
ourt heard the arguments in the tort
elton of Wells VS.. Blodgett from Gale
onia county, it being on an appeal from
he Caledonia municipal court.
The arguments of the petition brought
v Robert Warm through his attorney,
!. NJ. Austin, asking for a new trial in
he case of state against him in which he ,
charged with murder, is expected to /,
Ike place this afternoon or tomorrow
forming. 1t has been found that Z. Z.
Iartin, one of the iurymen, had cx-
ressed an opinion relative to the case,
nd afiidavits to show this fact will be
resented to the supreme justices 1t is
so understood that affidavits have been
,cured that Martin placed bet ON the
,nvietion of Warm preceding his having
zen drawn as juryman.
The affidavit of Mrs. NJ. Pekeey, who
w the five soldiers near the Jennie
home, is another basis for .
king for a new trial.
A. G. Fay was ready this morning to
que the exceptions in the case of State
. Anna Felch charged with murder and =
quilted at the Orange county term of Z
urt. Mr.. Fay takes exceptions to the =
ate carrying the case TO the supreme 7
urt, that the statutes do not apply 10 '
ch case. r
The arguments in the case of Nichols
Nichols VS.. the Central Vermont Rail = =
AZ company were argued to-day. The =
Sc comes TO the supreme court on eN- - -
ptions by the plaintiff. A verdict was =, !,
dered for the defendant in Franklin y
unity court last September. ~