Morning journal and courier., 1883-02-20
The Court Record.
Supreme Court Decisions.

Yesterday Superior Court Clerk Ingersol received the following decisions from th' Supreme court of errors.
 In the case of D. F. Taylor E Co. vs Brooks & Scott, the Superior court is ad vised to pass 8 decree restraining the de fendants from such use of the name of l.. B. Taylor 6 Co., in connection with any device upon pink or yellow wrappers inclosing hail pins of their manufacture, as that the com |oination will be liable to lead purchasers tC believe that hair pins manufactured by the defendants were manufactured by the plain |siffs, when, upon further hearing to be ha6 for that purpose only by said court, ths plaintiffs shall complete the proof of title ir themselves to the device and trade marl claimed in their complaint. Reasons by Pardee, judge.
 Ephraim N. Peck and wife, of Meriden, vs New York, New Haven and Hartford Railroad company, 'advise judgment for the plaintiff: Ito recover the smallest sum in damages , Reasons by Judge Culver. On April 13 1878, the plaintiffs, while crossing the track
 at Main street, in Meriden, on the approach of train, Mrs. Peck jumped from the phae ton in which she and her husband were rid ing, and in so doing she broke her ankle and was seriously injured by bruises. It was claimed if Mrs. Peck had remained in hel carriage she would have escaped injury When the cage was tried before Judge Harri son it was found that there was no negligence on the part of either plaintiff or defendant and the question went to the Supreme court by mutual agreement whether the plaintiffs were entitled to more than nominal damages
 The amount found by the court is $50 dama ges and costs. The question was argued on Ia question of damages, and it was found ii more than nominal damage was found the amount should be $1 LOGO, and if less the amount should be fifty dollars.
 In the case of Phipps vs. Munson ct al. both of Seymour, the Supreme court advise judgment for the defendants. Reasons by Judge Carpenter. The suit involved the ownership of the Seymour Hotel.
 Louisa B. Finch vs. East Haven-new trial granted no report. This was an action tried in 1879 before the Court of Common Pleas jury, Judge Pardee presiding. It is an action to recover $500 loaned to Charles A. Bray as special agent of the town of East Haven. Bray afterwards substituted his own note, which was accepted by her, al though, as alleged, with full understanding 1f the facts. In other words there were The case was of much interest because the note was one of mum |ber which were held against Bray or the town of East Haven. It was in one sense g test case and was stoutly contested. The town urged that Bray had no power to bor row from them as he did. The jury returned
 
 damages and costs The town took the case lap on a motion for new trial, which is granted. The Bray issue will therefore have to be tried over again.
 Healy vs. City of New Haven new trial advised. Reasons by Carpenter, judge. This case was originally brought several years ago and has been to the Supreme court once be fore. Bartholomew Healy, now deceased, was injured in his property by the changing of the grade of Congress avenue, which had been changed somewhat radically once or twice previously. He claimed that he had an arrangement with the city by which he was assured that he would receive damages if he did not oppose the grade in the courts.
 The city refused to pay him anything. After the order was passed statute came into ex- |stence providing for the payment of dam ages to owners whose property was injured street Previously it had been deemed impoIitic to make such law. Before the street was graded the statute was repealed Mir. Healy was unsuccessful in his suits and nearly all hope of success at any time was abandoned. On the last trial of the case which was newly brought, in the Superior court, Judge Hoyey ruled ont evidence con cerning the alleged agreement between the city and Mir. Healy, and it is possible that the new trial is advised because of this rul- ing. It may be, however, that the point is 8 more vital one. Judge L. E. Munson is enti tied to the credit of the forlorn hope It is an interesting cause. Our citizens are famil jar with the endorsements under which Mr. Healy labored owing to repeated and costly changes of grade on Congress avenue, and he received the sympathy of many in his position.