Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-11-11
DOG CAUSES SUIT
Joseph Lnbouuty Seeks Damages from
Joseph TrombIey for Alleged Assault

Joseph Lnbouuty Seeks Damages from
Joseph TrombI~y for Alleged Assault
Claiming that Joseph Trombley of COL
chester knocked him down twice, ond
that after he was knocked down some
body kicked him several times. leaving
hin, with a badly swollen and discoloreo
face and bad cuts, about his left eye and
left ear, on the night OF May 81 last,
Joseph I.abounty Of Essex, 60 years old.
Is seeking to recover damages in Chit
tenden county court. The case was started
yesterday morning and will probably go
to the jury some time this morning as
the evidence was nearly completed yester-
day.
The mix-up, in which Labounty. man
named Meunier, Trombley and a friend
Of his, and Trombleys dog were the chief
actors occurred near Tromb'ey's farm
house in the town of Colchester on the
31st Of last May. According to the plain
tiff's story. he, with a party Of about
eight people, consisting mostly OF his
family went to Trombley's IA n on the
31st of May and was given permission l"
go down to the bank of the river on
Trombley's land to hold picnic.
All went well until after dark when the
members of the party were in front OF
Trombley's house, waiting for the auto
mobile truck to come and take them
home. A car appeared and drove into the
yard The members Of the party thought
It was their car and advanced to meet IT,
, 1t proved to be Tromb ey's car. however
| As the car approached. Tromoleys dos
ran out to meet it. The plaintiff says
that one of his party, fearing that the
dog would get in the way of the car and
,,-ia oh n On
i out of the way with a fish pole Trombley
claims that this man struck the dog with
the pole.
Trombley, thinking that his dog was
being mistreated says that he told tbs
members of the party that hey could
either stop abusing his dog or get OF
the premises. After putting his car II
the barn, Trombley had some more talt
with the members Of the party about
the matter and claims that several of thu
party said insulting things to him
whereupon he ordered them to leave tn
premises Immediate y. This they did no
do, the defendant says, and the resul
was fight. Trombley claims tina
Labounty started to attack him ana ina
he then struck Labounty and knocked
him down, that Labounty got up an'
started for him, whereupon he knocked
him down again. Trombey claims tina
the man who was with him kicke'
Labounty and that he Tromb!eO toll
this man not to do any kicking. Meunie
, was knocked down, also, in the miX-ul
, though he did not suffer so seriously
Labounty.
The plaintiffs story is that Tromble
became enraged at his party. several o
whom were women, without due cause
, as none of them had struck the dog, bu
that Trombley. after putting his car !
the barn, came out and made remark
about what would happen TO people VIII
= harmed his dog. Labounty said that n
started to talk with Trombley in
friendly way, whereupon Trombley al
Z tackled him and knocked him down, an
: that when he got up, he was attacke
both from the front and the rear at tn
, same time and knocked down again
, After that he got Off the premises a
soon as possible. Labounty said he ha
doctor and was in bed two days. III
| side stiy bothers him where he wa
. kicked, he says.
Most of the day was spent in present'n
: the Plaintiffs case. there being n lars
number of witnesses, including all of III
men and women who were in Labounty
party on the day of the mix-up. The d.
y fence started late yesterday afternoon
:, j. j. Enright and G. NJ. Page appear f.
i the plaintiff and NJ. G. Leary ror the d.
- PENDANT.
- The case will be completed this mornin
IL everything goes vel. and court WI
be recessed. it is expected. about 1870 {
HOO o'clock, possibly for the remaind'
| of the day.