The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-02-11
County Court Jury Action
Opens Today in Fed
eral Building
VERNON MAN SEEKS
TO RECOVER SIS. 900
Plaintiff S Attorney Alleges Failure to
Sound Whistle or Bell-Defense Saws
Miller Could Have Seen Train Had
He Looked.

Two unusual circumstances attended
the beginning today of the trial of the
Nlndham county court case of Arthur
/. Miller of Vernon against the Central
Vermont Railway Co. which is a damage
suit to recover $4,000 One was the con.
|yening of county court in Brattlebaro
instead of Newfane for the trial of Jury
ease and the other was the converting of
county court in the United States court
house. 1t is the last Jury case Of The
term, and after the jury was impanelled
the remaining iurors We're excused for.
the term.
Court opened soon after o'clock,
Judge Fred NJ. Butler OF Rutland and As
sistant Judges Fred b. Pier of BrattIc
boro and Alfred b. Waite OF South Lon.
donderry presiding Barber. Barber 4
Miller appear for the plaintiff and Attor.
lneys Charles T. Black Of st. Alhans and
John v. Redmond OF Newport represent
the railroad company.
The jury consists of 7. z. Whitney OF
| Wilmington. w. Il. Adams OF Whining.
ton, HaF. Whitney OF Marlboro, George
w. Smith OF Athens, NJ T.. Cooper oi
Rrattleboro, L. L. Fitch of Townshend
Justin II. Dix of Brattleboro, ii. i
TwitcheH of South Londonderry. II. :
Leonard Of Grafton, Eugene Robbins OF
Pntney Fred II. Johnson OF Dover anc
+. Il. Rawson of Jamaica
Attorney Frank r. Barber made Iii,
opening statement to the jury, outlining
The case. which is The result OF an acci
dent at the railroad crossing a few rod
north OF the Dummer station in Nerno,
on April II, 1917. when a passenger train
going south ran into farm tractor opcr
ated by Mr.. Miller, the plaintiff.
The track for about so rods north o
the crossing is nearly straight and tn
view unobstructed Mr. Barber said, an,
the train, which left Brattleboro litti
, after 10 O'Clock in the morning. gave NJ
warning either by bell or whistle as /
approached the whistling post so rod
north of the crossing Mr. Barber state
that evidence would be offered to shoS
that no steps were taken to stop tn
train when Mr. Miller and his tracio
were observed on the crossing.
Mr. Miller, Attorney Barber asserted
n
, found that one of the rods conneete
!. with the steering apparatus was bent an
!. on the morning of the accident had start
\ ed from his home on the Eugene Axle
, farm near the crossing to go with tn
. tractor to the Connecticut River Powe
= Co.'S plant to have repairs made. a
!, though tho bent rod did not interior
= with the operation of the machine
= Ao AIr ATstlnra arAGCnI ha trnal- l.
: looked mp and down, the attorey asserte,
: but saw no train, and was nearly ov,
: the crossing when the front wheel of II
tractor struck a telegraph pole hidden
leaves in the ditch east of the tracl
which stopped the tractor within II
railroad eompany's right of way .Ioh
t T. Wright of Vernon, who was walkir
along near the tractor, tried to move Il
pole, but couldn't do SO with the whe
Of resting against ii, so Mr.. Miller appli,
N the brakes TO stop the clutch, revers,
e. the engine and backed on the track. til,
Is proceeded TO throw into neutral and th'
ar into forward to 60 around the pole
ed This operation, Mr.. Barber declare
ty took about one minute and then N
Miller. as he was ready to move ahea
saw the locomotive from 10 to Is fe
away, although he does not know VIII
caused him to look up the track as
heard no whistle or bell. He stood
le- Just as the engine struck the traet'
which weighed 5000 pounds or more, II
lping it over, and himself was hurled
US feet or more, landing just outside t
~ rails.
le The railroad company was at fau
IN counsel declared. for not sounding eitf
nc whistle or bell or attempting to stop
nd train A large number of men and wo
an en-, teams and automobiles had gather
lie about the crossing.
Mr.. Miller was unconscious and
manned so for some time after bel
brought to the Brattleboro Memor
hospital. He suffered severe blow
I'd the head and compound fracture of
,.I left leg between the knee and hip.