The Providence news. (Providence [R.I.]) 1891-1906, 1895-05-09
The N. Y, P. & B. Railroad
Co. Sued for $4,000.
Arthur p. Sumner as Administrator
Brings the Action.
A Lessee Sues Landlord for Damages
Sustained.

Before Judge Rogers this morning the
second trial of the suit Of Arthur Il.
Sumner, administrator an the estate OF
Sargis Sargahian, against the New York,
Providence * Boston Railroad Company,
for $4,000 for the death Of Sargahian, was
begun. At previous trial OF the case, In
March, 1894, the jury gave a verdict Tor
the administrator for $500, but q new
trial was granted by the appellate divi-
sion OF the court on account OF the
admission at the first trial of evidence
that should not have been admitted.
The deceased was at work in the yard
of the Perkins Horse Shoe Works at Val
ley Falls when, il is claimed, owing to the
negligence OF the defendant in starting
up some OF its cars, ,Sargahian was crushed
against a pile of scrap iron. After the
opening of the case this morning the
jury go for view of the premises. A. p.
Sumner and Rathbono Gardner are the
attorneys for the plaintiff, and James M.
Ripley and Frank S. Arnold represent the
defendant.
The Testimony Curtailed.
A jury in Judge Wilbur's court hoard
today the testimony in the suit Of Thomas
Miller, proprietor of the Hotel St. George,
against Robert McArdle, the owner of the
structure, for damages on account of
many bad leaks in the roof. The
the decision of the court that the
plaintiff under the covenants in his lease
cannot recover for any damages to per-
sonal property caused by the complained
condition of the roof. The covenant re-
ferred to was that the lessor
was to keep the outside OF
not to be liable for damages by the
weather. The plaintiffs introduce wit
nesses 10 prove repairs.made on the build
ing and also testimony as TO his inability
to let O number of rooms because OF the
storms which rendered them unfit foI
sleeping in. j. NJ. Brennan and ID. G.
Holland represent the plaintiff and Bas-
sett & Mitchell the defendants.
The jury in the case of Alvah +. War
rem VS.. Arthur +. Humes gave a verdict
in favor of the plaintiff for 1900.
Appellate Division.
The judges of this division are sitting
at Kingston today. A number of case'
are set down for trial here tomorrow, ane
the usual number of motions are on thu
docket for disposal on Saturday.
District Court Cases.
The following cases were heard in tn,
District Court this morning:
Before Judge Cooke:
James Mathewson VS.. Ira n. Goff. Th,
~
the defendants store to be repaired anC
that the latter refused to deliver IL to
him until he had paid for its storage
The defendant claims the piano, it wa
agreed, should be simply stored and no
| repaired.
John w. Hogan appeared for the plain
tiff and X. w. Burbank for the defendant
| The case was continued for one week il
order that counsel might submit author
tiles as to the right of the defendant to {
| lien for storage.
Michael j. Malloy VS.. Household Furni
, ture Company. This was an action o
trespass. The plaintiff alleges that th'
defendant took away from his home Oh
| Delaine street furniture bought of the de
| fendant and also some things not bough
of it, but belonging to him. The defend
| ant denied the allegations OF the plaintiff
G.. A. Littlefield appeared for the plain
| tiff and A. A. Baker for the defendant.
| Before Judge Sweetland:
Eugene Bowen VS.. The l.. A. Tilling
hast Company. This was a suit for re
| pairing ana renovating the Trocader
and the sum claimed was S15l.99. Tn
defendants claims was that il was unde
| no liability to the plaintiff as charged
| Decision for the defendant with costs.