The Providence news. (Providence [R.I.]) 1891-1906, 1894-06-26
HEARD IN COURT.
City's Demurrer 0verruIed in the
Pomroy Coal Co.'s Case.

The appellate division of the Supreme
Court has decided point against the city
in the case of Gorh Il. Pomroy against
ID. l.. ID. Granger, city treasurer. 1t Is
the case that came up for trial in the
common pleas division several weeks
ago. The plaintiff sued for damages
alleged to have been the result OF the
city's dredging the river in such way as
to remove the support from the wharf
posts under plaintiffs coal pocket.
The claim of the city was that munich
pal corporation has perfect right TO re-
move all obstacles from the highways
or pub streams and that the dredging
complained of was in accordance with
that right, and also that the abutters are
not entitled TO lateral support.
On the other. band the counsel for Mr..
Pomroy allege that the dredging was not
only to remove the sewage collected on
the natural bottom but was carried 10
such an extent that an excavation
was made in order that the sewage might
collect for longer time without the nee
essity of further dredging thereby saving
expense for the city, TO the unnecessary
injury to the property OF the complainant.
The case was heard in the appellate di-
vision on the demurrer of the respondent.
The demurrer is overruled and the case
remitted to the common pleas division
for trial.
the May term, 1894, Attorneys Clarence A.
Aldrich, Frederick Rueckert and
Edwin p. Allen to examine this years
candidates for admission to the Rhode
Island%oar.
In the appellate division today a re-
script was handed down in the case OF
Huldah n. Walling VS.. Josephine Nj.
Wailing, in which the prayer for the
removal of the respondent from
the office Of trustee is denied, but the
cause is referred TO master to take an ac-
count of the moneys due to the complain
ant under the trust.
There was an opinion handed down
S. Phillips VS.. Samuel Clark, ad-
ministrator, stating that the complainant
is entitled to the relief prayed for.
An issue OF the facts in the case OF Peter
Donnelly VS.. Michael Simmons has been
filed with the clerk Of the appellate div
ision.
The petition OF Clara +. Kerfoot for a
divorce from her hus sband, John Il. ker-
foot, on the ground of non-support was
was heard in the appellate division today
and Is held for advisement,-
The Criminal Docket.
The second day of the criminal docket
opened with the embeZzlement case of
the State VS.. w. w. Woolley still on trial,
and it was not until late this after
noon that the jury went out. Presi-
dent Stewart Of the Granite State Pro-
vident Association, the concern from
which Woolley is alleged to have stolen,
was on the stand today and
did not betray any remarkable amount
of knowledge of the affairs of his own
organization. He admits that he had not
taken any steps TO have his Providence
agent prosecuted until after he had COM
PEELED him to surrender portion
OF his salary and some personal
property, that he had allowed
the shortage to continue after he had dis
covered il because he knew that Woolley
was under bonds and that he
had waited until the bond had expired
before commencing criminal proceedings
against defendant.
The attorneys for the defendant are
George j. West and Tower q Williams.
The prisoner was permitted to spend the
noon recess in the court room with his
family.
Docket for June %.