The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1918-05-28
JURY D|SAGREES
IN LAVELLE CASE
Counsel in $4,000 Suit In.
tends Carrying it to Su-
preme Court
RUMOR VOTE WAS
ELEVEN TO ONE
Motion to Set Aside Verdict of S4,700
Against Thomas welcome OF Guilford
Set Aside-Fina1 Adjournment TAX
en- This Morning.

After having the case all night the
jury in the case of Edward J. Lavelle
of Brattleboro against the Central Yer
mont Railway company which was a
damage suit to recover $4,000, at about
8 O'Clock this morning reported dis
agreement. The case had been on trial
since last week Thursday. The plain
| tiff, who is administrator of the estate
of his father, the late Peter B. Lavelle,
sued to recover for the death of Mr..
Lavelle who was fatally injured by
being run over by ear under which
he was working in the Brattleboro rail
road yard.
1t was currently reported around the
court house that the jury stood II to
one in favor of the plaintiff. 1t is
stated by counsel for the plaintiff that
the case viii 60 to the supreme court.
Yesterday afternoon Attorney H. G.
Barber made the opening argument for
the plaintiff followed by Attorney
Charles Black of St. Albans. who opened
for the defense Attorney John w Red
mond of Newport closed for the defense
and Attorney Frank f. Barber of Brat
tleboro closed for the plaintiff Judge
Frank L. Fish closed his charge and
gave the case to the jury about
o clock.
After supper ffe Jdry stonsfdersd tn
case until about 100 this nlornin |
when they went to bed They returned
to their task about 7.30 O'Clock as
reported about 9 O'Clock.
During the trial of the case it wa
, brought out that Mr.. Lavelle did no
put out flag on the car under whiel
he was working as required by tn
rules. but it was also shown that tn
: rule had fallen into disuse, which wa
generally known by employers and off
eials
In the case of Mrs Anna Niebysb
7 of Guilford against Thomas Welcome Q
Guilford for assault on the person tn
!; court overruled the motion of Mr.. We
I, come s counsel to have the verdict Q
: $4.70o set aside ON the ground that
was excessive, among other ground
Judgment for the plaintiff was entere
that the cause of action arose from til
! wilful and malicious act of the defend
ant and from wilful injuries to tl
: plaintiff, also ruled that the defend
ant ought to be confined in close iai
I The defendant took exceptions to tt
overruling of the motion. Mr. Welcon
!. is out on bail of $4,000, the sureties b,
ing Everett Gaines of Guilford an
John Vevier of Brattleboro, who a.
secured by mortgages on real estat
Attorney Harrie B. Chase is couns
for Mrs. Niebyski and Attorneys Fran
E. Barber and John L. Gale are coul
sci for Mr. Welcome.
A divorce was granted Edith Dorre
II of Brattleboro from Douglas Dorre
formerly of South Newfane, on Il
ground of intolerable severity and 0
ders We're made with respect to alimon
Mrs. Eva l.. Sealey of Bellows Fal
l. was granted a divorce from John
= Sealey of Bethlehem, n. H., for into
. erable severity.
=. - In the divorce eases of Mrs Nab
- Emery of Brattleboro against Chest
= Emery and Mr.. Emery's counter ST
! the, petitions were continued and t
IN oiuci VI pt.ob dlliuoHy III ldNoI ol M
IN Emery was vacated.
: The divorce of Maud Hoytt, former
of Wardsboro against George f.
Hoytt, which had been on the dock
five years was discontinued, as W
also the case of Walter F. Shaw
Brattleboro against Efie Shaw.
d. The divorce petition of Alfred Lano
of Brattleboro against Alice Lanoi
charging intolerable severity was d
er missed. The custody of the child W
IN given to the mother and Lanoue W
IS ordered to pay his wife $50. This W
hS a contested case.
The case of August A. Shea agair
= +. w. g. j. A. Dakin, Inc, and trust
and the case. of Asabel Wheeler c
against Mcdonald & Kivell and trus
were left with the court, it appeari
eg- that the defendants were in bar
10. ruptcy.
Till Court took final adjournment af
the verdict in the Lavelle case,