The Providence news. (Providence [R.I.]) 1891-1906, 1895-05-24
STAND PIPE DAMAGES.
An Outcome Of the Collapse Of the
Water Tower.

Before Judge Wilbur this morning the trial
of the suit of Alfred J. Kent against the East
Providence Fire District for $1,000 for damages
done TO his property by the bursting of the
stand pipe built for the defendant ON Friday
evening, January 10, 1894, was begun.
-fhe plaintiff testified that he owned land
adjoining the land on which the stand pipe
built for the East Providence Fire District
was located, owning within 800 rods Of the
pipe, about 80 acres OF land that when the
pipe burst the water that flowed from IL went
on to his land, covering it with dirt TO the
depth of six to IL inches, breaking his stone
walls around the land flooded, destroying a
barn in which there was a buggy that he
valued at 500, and had number of farming
tools. He also testified that the water in the
stand pipe had been used by the fire district
The plaintiff son testified to the water in the
stand pipe being used by school in the dis
trict just before the pipe burst. The defence
was that the stand pipe had been built under
a contract by the Cunningham Iron Works.
and had not been accepted by the defendant
when the accident occurred. Mr.. Parkhurst
asked civil engineer Samuel NJ. Gray to iden
tify a contract between the defendant and the
Cunningham Iron Company. Franklin
Owen, attorney for the plaintiff, objected y
the introduction of this document, and Judg
Wilbur sustained his objection, holding that
IL tn @ water in the pipe was distributed by
the defendant, 10 was responsible for the
damages caused by the bursting of the pipe.
In cross examination by the plaintiffs at
torney, some witnesses testified the water
was as much connected with the district pipes
as IL ever would be at the time the pipe burst.
Attorney General Dubois has been busy the
past few days cleaning the docket Of his de-
partment from indictments that were found
previous TO the beginning of his term of office.
The case tried yesterday, in which two mem
bers of the local police force figured so un-
pleasantly, was one of the class OF cases re-
ferred 10, the indictment having been found
| during the term of office Of his predecessor.
APPELLATE DIVISION.
Before Matteson, c.. j. and Justices Stiness
| and Tillinghast, arguments on defendants de
murrer TO the bill of the complainants in case
| of George W. williams, ct al, vs. Vim. Herrick
and others, trustee, were heard. The prop
orty of which the defendants are trustees,
was formerly owned by Amos w. Olney, de-
| ceased, OF Johnston. The plaintiffs, who are
heirs-a law OF the latter, bring their bill tC
| recover certain estates and property given by
| him in trust. The defendants demur on the
ground OF lack of equity, and because the
| matter in dispute is pending in the court OF
| probate of Johnston.
UNION RAILROAD COMPANY SETTLED.
The Union Railroad Company has settled
| the suit brought against it by Patrick O'Don
| nell, in which Page & Owen We're ATTORNEYS
| for the plaintiff. The company paid ODonnel
$1,000 and also paid his attorney fees ano
| other expenses of the case. The wife Of the
| plaintiff was thrown from team at the time
and suit was brought TO recover damages ioi
| her Injuries.