The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1922-12-19
PLAINTIFF MAY
RECOVER S135
Jury Returned Verdict in
Horse Case Last
Evening
MUNICIPAL COURT
ALL-DAY SESSION
Defendant, III. vi. Ward of Halifax Deer
Park Farm Claimed Breach of War
ranty of Horse Sold Him by III. p.
Yearly and w. Nj. Lewis.

FahiS on Horse Sold Him by III. II.
Yearly and w. NJ. Lewis.
Following deliberation of nearly two
hours the jury in the case of II. p. Yearly
and W. NJ. Lewis OF Brattleboro against
Ii. NJ. Ward Of New York city and Hall
fax, last evening brought in a verdict of
i"'' for the plaintiff, representing an
amount $50 less than the total damages
claimed. After practically an all-day ses-
SION, during which many witnesses for
Loth sides We're heard. the case went to
lie jury shortly before o'clock. follow
ing the arguments by counsel and the
~Ege by Judge Frank d Z. stowe.
The case was started yesterday morn
-ng and two witnesses were heard by
time the court took a. recess of one hour
at IL o'clock.
At L o'clock, when court reconyaned
Mrs. Walter Davis was put on the wit
leSs stand and she testified that the horse
in the case was represented TO her as ha-
.Hg KIND and gentle. Fred Stanley, who
Aeiped Mr.. Davis at tbs deer park farm.
testified regarding the antics of the horse
Wen DitEls ana ne attempted 10 drive n
ana during the crosse alill4IiaUlon tesfI
fous resembling WAips mandy
Inc hisL witness Tor the plaintiff was
IL 4. 4eafI4, ~Ao toid OF me cIrctI,.I-
stances relaiIng - tie trade when o.
IeiSe was sold u AIr. Nard through Mr..
laws. he Qemea that ne rcnrt,sef,rpd
the animal as KIND and gentle and said
lie nad no trouble IN driving the horse
w VI. LEWIS SAID tie morse had beer
driven considerably and went past the
steam roller and The concrete mixer on
1Shat street Without even noucng Tn.,
lie said he told the buyer that the hors
was kind and gentle ana 1t was a surpr.sa
10 nm Wien the animal would not back
after HescJck OF Dover, stated tina
ne formerly owned the nurse. lie bou.
II when it was a colt and had it for three
or four years during which time he broke
u. lie aIterNs ards sold it To Ray L.
Breoks OF BrattleD9ru. lie said the horse
Vas sfeen ai4d a@heaFa atUtds backing
John Stratton of Nilmln- on, wa
worked at TIE Brooks stable M that town.
sad he had observed rne horse at various
times when IL was at his stable and til..t
i appeared all right lie had sadd ed 4
Tor various people and no trouble was
experienced With the horse.
Ray l.. Brooks said he sold the horse
to Walter Adams of Marlboro In his
opinion. the horse was all right.
X. Is. LOngstaff Of BrattlebOro said L
talked with Mr.. Davis, who said he haa
fought with the mare from il o'clock H.
the morning until ) in the afternoon d
the day when the horse died during out
OF its rearing spells.
George Haskell OF Brattleboro said q
saw the horse several times when it ~.
Mt his fathers barn. lie had driven It
Putney and it appeared to be a good
mare
In their argument to the jury. the az
torneys for the defense claimed that t.-
horse was sold under an express gu2raut
that ii was kind and gentle, whereas
was a vicious animal Attorney Paul a
Chase. appearing in his first case since h.
was admitted to the bar. opened the argu
ment fer the defense and his father, I
$. Chase. closed for the defense.
Attorney Frank Il. Barber for the
plaintiff said the mare was not sold under
awkwardness of the mare in backing ha
been brought TO the attention OF the
buyer and that the horse had been killed
through abuse ard fighting.
In the charge TO the jury, Judge Stowe
said the case was n question OF tact ana
I that the matter for the Jury was whether
the horse was sold under an express war
ranty or not.
In rendering the verdict, the jury
awarded damages of 500 for the horse
and $50 for the wagon. The original
claim Of the plaintiff was for $215, made ade
up as follows: $3.50 for the horse. $50
far the wagon and S1J for the harness
: The defense as counter claim, asked
! 500 damages. representing the expenses
of keeping the horse. the time OF the
! men i'm irving to break the animal. and
the various harness which the horse de
stroved \ credit of so for m old horse
and s. for an old wagon also was IN
volved in the ease.