The Providence news. (Providence [R.I.]) 1891-1906, 1895-05-16
OUT OF COURT.
Two Cases Against Union Railroad
Company Settled.
Some Very Interesting Matters In
District Court Today.

| Deen OF a very interesting nature thus
far this week. The first OF the appeals
| from the report of the commissioners on
Washington street widening still drags
along at so slow a rate that the presiding
| judge his morning plainly intimated that
| counsel must have their witnesses ready,
as the case was taking week whereas 1t
might nave been disposed OF within two
days. The remark of the judge led
member Of the bar to remark that In case
all parties interested In property on that
| street affected by the widening were to
appeal for jury trial, and that trial
move no faster this one, the exigencies OF
the case might require the further widen
ing of the street before the last case was
disposed of.
The trial of the suit OF William Doug
lass against the Central Real Estate Com
pany, which was begun yesterday, was
continued in Judge Rogers court this
morning. The counsel for the defendant
objected to a question put by Douglass
counsel, to which Douglass had replied
that the architect had ordered
| the work done, because provision
OF the contract required notice OF any
| change in the plans and specifications to
be III writing. The court overrulad the
objection on account of another clause in
the same contract that required all
changes or alterations to be made by the
| architect.
Settled for $1,000.
The suit of Henry l.. Crandall against
the Union Railroad Co.. was on the calen-
dar for trial this morning, but by
consent of counsel it was marked
| settled. The counsel for the
| plaintiff was Ed. Dew. O'Connor, and
the circumstances of the cases were
as follows: Crandall was, on the 21st day
OF December, driving along North Main
street horse and wagon in which was
stock OF candy, and he heard the gong OF
trolley car behind him. There were
two other vehicles between the one he
was In and the car, and also wagons COM
ing In another direction, and IL was i'm
possible for him to get out OF the
way. The car struck his wagon,
knocking tho horse down, smashing the
wagon and throwing him out. he was
badly cut about the face and head. Mr..
Parmenter brought an action against the
company for the damages to his team. Mr..
O'Connor was his counsel also, and both
suits were settled for about $1,000.
District Court Cases.
The Bradley Fertilzing Company
brought an action OF tort against Irving
~ Hopkins of North Scituate in this
| court today. The defendants were ar
The plaintiffs claim that they consigned
to the defendats several bags OF
| phosphate of their manufacture un-
der contract by which the
| defendant was TO pay them the specific
| notes and money received for the sale of
| the merchandise, and that they failed to
| do so and owe the plaintiff s97.33. At
| torney q. Il. Brown for the defendant
| claimed that an action of tort could not
| be maintained as the defendants took the
| goods under an agreement to return the
money for them in Novem ber. Attorney
| T.. T.. Wilcox for the FertiliZing Company
| argued that under the provisions Of the
contract between the parties the defen-.
dants were to pay to his client the money
received from the sale of the merchandise
and were guilty OF tort in not so doing.
The court held the case for advisement.
Superintendent James B. Hathaway of
| Roger Williams Park was defendant in
rather complicated case this morning.
James Harvey sued him for $500 on &C
count OF his having prevented Har-
vey from cutting some grass that
tbe-iatter had purchased. This
| grass was standing grass and was sold for
| go to Harvey by Hathaway. The former
claims the agreement was that he was to
have all the grass growing in a bog near
the park that had not been sold TO Daniel
Potter. Hathaway claimed he only sold
to the middle of certain
creek and stopped Harvey from cutting
any farther than the creek. Harvey's
statement was partially corroborative, but
Judge Sweetland, who tried the case, did
not think the plaintiff had sufficiently
proved his case, and gave judgement for
the defendant for costs.
McGuinness & Doran were Harvey's at
torneys and Raymond q. Mowry appeared
for Hathaway. The latter incidentally
brought out the fact that Harvey did not
have bad bargain, as he sold part of the
grass standing for $50, sold 200 worth OF
hay, and also kept three horses and a cow
a winter on the remainder that was cut in
the bog.
Robert McCardell VS.. Thomas Miller.
Judgment for the plaintiff for possessic
and costs.
Bernard Holland VS.. Rose A. Hussey,
executrix. Decision for plaintiff for $40
and costs.
Mary A. Bentley VS.. Edward Martin.
Decision for the plaintiff for $50 and
costs.
Della Griffin VS.. Court Elmwood, No.
1867, A. o. +. Decision for defendant for
costs.
Court Calendar For Friday.
Common Pleas Division OF the Supreme Court.
1918. Michael Nancy vs.. Frank A. Car
penter. Attorneys-Dennis III. Sheahan
for plaintiff; Francis Colwell and A. A.
Baker for defendant.
1900. Matthew w. Bainton VS.. Union
Railroad Company. Attorneys-Page d
owen for PLAINTIFF; ID. s. and w. g. Baker
for defendant.
2106. John Flanagan VS.. Arthur Devlin.
Attorneys-Page q Owen for plant iff and
German and Egan for defendant.
24li Delos {. Wood vs.. Mary A. Baker.
Attorneys-J. w. Mathewson for plain
tiff and q. j. West and Il. j. Conley for
defendants.