The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-02-15
Arguments Completed This
MOrning-Judge Deliv-
ers Charge
DEFENSE ASKED FOR
DIRECTED VERDICT
Motion Was Overruled and Court Indi-
Gated to Counsel Lines Along Which
His Charge Would Be Made-Rail-
road Men Testify.

road Men Testify.
Judge Fred NJ. Butler began his charge
to the jury at .45 O'Clock this afternoon
in the Windham county court case of Ar
thur L. Miller of Vernon against the Cen
trail Vermont Railway company, in which
damages of $4,000 are sought as the re-
suit of Mr.. Miller and his farm tractor
being run into by one of the defendants
trains, after which the case was given
to the jury for its consideration. Judge
Butler stated at some length the law ap-
plicable to this case including that rela-
tive to contributory negligence and "the
last clear chance"
Substantial progress in the case wa
made yesterday afternoon, evidence Of
Engineer Thurston, Conductor J T
Denning and other men on the train
which hit the tractor being received,
| after which the defense rested, fol
lowed by a conference between attor-
neys and the court and the presenta-
| tion of one argument and part of an
other. --.-------s-----s
/. The evidence of the engineer was
! that soon after his train came in sight
of the crossing he saw the tractor eros.
/ the track from west to east TO a safe
distance beyond the track. Then the
boiler of the engine cut off his view,
but he had no reason to expect that the
/ tractor would back up on the track,
and when but short distance from
| the crossing, too close to prevent an
accident, Fireman Hopper, who has
since died, yelled to him and he imme-
diately applied the brakes and blew the
I whistle.
Conductor DeRning testified to Civ
ing the signal TO the engineer to
! whistle both before reaching the whist
ling post and afterwards and that
Charles Prescott, passenger, asked
him the reason for having the whistle
blown so much.
! After the defense rested Attorney
john w Redmond renewed his motion
before the judges for a directed vc-
d diet for the defense or the ground o-
contributory negligence. TIL mU .oil
was overruled, but the court iniima; d
that the question of whether or not the
whistle or bell warning was given
practically might be eliminated He
said the issue, as he would instruct the
jury, was whether Mr. NIilleIe after
, crossing the track with his tractor and
having stopped several feet away, and
before he began to back up, was in
danger or thought he was, and whether.
: if he thought he was in danger, he
acted as prudent man would in get
ting out of the supposed dangerous sit
uation.
, After the recess Attorney H. G. Barber
ha Il.
tiff. Denying that Mr.. Miller was ncgli-
gent, he urged that even had he been
negligent it was the railroad busaesz
under the doctrine of 'the Inst iear
chance" to have done everything passihie
to have stopped the train a1tl avoi8ea
+ the accident, which he claimed it did iipt
Q do.
! Attorney Redmond made part of his
: argument yesterday afternoon aud con
i cluded this forenoon Tie said the un-
< disputed testimony showed that Mr.
E Miller, after his tractor struck the log
y looked mp the track before starting To
: back. but didn't look again until after
! he had backed the second time and his
r tractor was on the track. He said it was
:, Mr.. Miller's duty not only to look once
Q but to look continuously until looking
would not do him any good, which is the
established law. He said if Mr. Miller
8 had looked he couldn't have helped see
j ing the train between the time he begar
j to back and the second time he stopped
g when it was within 25 feet of him. Fail
- ure TO look. he said, was the greatest kline
: of contributory negligence. and he called
3 attention to the fact that the courts holC
that if there is eontributory negligence il
4 the least degree the plaintiff cannot re
. cover.
= The closing argument was made by At
:, torney Frank +. Barbar. His contention
= was that from the very first time tn
- tractor stopped, when it ran into the pol
!, on the ground. Mr.. Miller was in DANCE
- and that it was his business as pruden
man to extricate himself from tho danger
The fact showed, he said, that thr tracto
at that time was only two or three fee
a., away from the east rail of the track.
became incumbent upon the railroad {
tstop its train, which he said there wa
er ample time to do. On the question G
Id damages Mr.. Barber called attention I