The Providence news. (Providence [R.I.]) 1891-1906, 1894-10-04
HEARD IN COURT.
Plenty Of Business Before Common
Pleas and Appellate Divisions.

The Supreme Court today listened to
a large number Of cases in the common
pleas and appellate divisions. A new
case was opened this morning before Mr..
Justice Rogers in the common pleas court.
it was brought by Leonard Blumenthal
and wife against the City of Providence,
and alleged that in February, 1893,
Mrs. Blumenthal, while walking along the
highway at the corner of Smith and North
Main streets, sustained a severe injury to
her ankle by breaking through the snow
into hole in the street. Damages were
placed at $1,000. After the plaintiffs wit
nesses were heard, Mr.. Baker, the assist
ant city solicitor, moved for a non-suit on
the ground that the plaintiff had not
shown that there was any hole, other than
one in the snow, and that such
being the case, the defendant
was not liable under the stat ute which re-
quired "a hours notice of obstruction on
highways due to snow. Justice Rogers
granted the non-suit and Messrs. Page x
Owen for the plaintiff gave notice of
motion for new trial.
A Piano Rental.
A second case heard i'm the same court
before Judge Rogers relates to a piano
rented by Emanuel Vadnais from Ira N.
ION " 20. III Is Claimed tnat rlO is uue
on the piano for rent and that s25 more is
due for damages. The suit is still pend
ing;
vs. Il, r.. Smith, executor of the will OF
the late Charles Harris, Sr., of Scituate,
was concluded yesterday by the jury
bringing in a verdict setting aside the will.
Property involved amounts to $4,000 and
under the terms Of the will Mrs. Georgi-
anna Smith, daughter of the testator, re-
ceived the bulk of the property. The
plaintiff is the son of Mr.. Harris by q
second wife who was divorced from her
husband at the time of his death. The
case will be carried to the appellate divi-
sion on exceptions.
Appellate Division.
The appellate division listened to two
cases this morning, the first being mo-
tion in the suit of Patrick Corey, trustee
VS.. the Rhode Island Catholic Orphan
ASYLUM. A Mrs. McDermott, by the
terms OF her will, left her property TO a
certain Catholic institution in the State
on the event OF the dealt n OF her son with
out issue. Her son having died, the uues-
tion arose as to certain ambiguous words
in the will and the court was called upon
to decide this phase of the question.
Also before the appellate divisions
Motions--The suit OF Il. j. Kelly s.James
j. Ryder, ct al were heard on the applica-
tion of the creditors that the receiver pay
over money in his possession TO them and
also on the question of validity of mort
gage of certain property given by the de-
fendant TO his sister Catherine, the claim
being made that the mortgage was not
bona fide.
General Court Notes.
In the District Court three civil cases
enjoyed the attention OF Judge Cooke.
The first was brought by John Hopkins,
against the Metropolitan Life Insurance
Company OF Providence. The facts in the
case appeared as follows: Some time ago
policy was taken out by Michael Hop
kins, son of the plaintiff i'm the Peoples
Insurance Company. Shortly after the
Peoples Company desired TO close up
business and made agreement to the trans
fer OF most of their policies TO the Metro
politan. Before the policy OF Michael
Hopkins was reached by the Metropolitan
he died, and the Peoples Iusur-
ance Company refused to pay IL on
the ground OF false warrantees. The court
held that the plaintiff had no claim on
the metropolitan Company, as they had
not assumed the responsibility OF the
policy and non suited the case.
Charles Benedict brought suit against
Max Margolies aud Jacob Kwarte for al
legged damages TO the plaintiffs horse and
carriage let TO the defendants July, 1894.
John Burns brought suit against Ber-
nard Coleman 10 recover rent OF LIQUOR
store on Charles street.
Andmportant suit has Just been entered
in the common pleas court, In which