The Providence news. (Providence [R.I.]) 1891-1906, 1895-02-14
Suit Against the City Of Paw
tucket on Trial.
Plea Of Former Jeopardy Filed In
Behalf Of John Nelson.
New Trial Granted In Suit OF Whipple
Against City Of Providence.

Mr.. Justice Wilbur today is listening
to suit against the city OF Pawtucket
brought by DIR. Timothy O'Neill OF Provi-
dence for damages received on September
10, 1898, because OF defect in the high
way on Main street. The plaintiff claims
that on the evening OF the day OF the in
Jury ne was riding on % rawtucket car 10
was being built and this necessitated the
passengers changing cars. In doing this
DIR. O'Neil fell into hole which had been
dug for the sewer in the street and re-
ceived the injuries complained Of. The
plaintiff claims that the defect in the
street was In no way protected
that it was due to the negligence OF
the defendant that the injuries
were received. Everson d Liddle, con-
tractors for the sewer on West avenue,
are joined as party in the suit. The de-
fendants assert that the hole was proper
ly guarded, and that ONeil was IN an in
NJ. Brennan appear for the plaintih and
City Solicitor Barnefield and Raymond u.
Mowry for the defendant.
Before Mr.. Justice Rogers today the suit
OF Henry Pearce ct al. against David b.
Cruickshank was on trial. This Is an ac-
tion to recover $1,000 for the use and occu-
patton under the terms of lease
tiffs. After the case had been partly
heard IL was taken from the Jury and set
tied for 5000. Bassett * Mitchell appear
for the plaintiff, and Ballou & Jackson
and A. B. Patton for the defendant.
The suit of the Columbian Loan Com
pany against Ernest {. Hudson was con-
cluded yesterday afternoon, when, under
the rulings Of the court, the jury returned
q verdict for the plaintiff of $50.
Yesterday afternoon at 4 o'clock, the
plea OF John Nelson, for discontinuance
OF the indictment against him, on the
ground that he has been once in jeopardy,
was filed with the clerk of the Court OF
Common Pleas. The plea especially re-
fers to the reported sickness OF
juror Mclaughlin, on account OF
which circumstance the trial OF the case
was brought to q conclusion. 1t AYERS that
this juror was not examined by physi-
clan or any other person instructed by
the court to determine whether or not he
would be able in a reasonable time to pro-
ceed with the trial, and the respondent
was fered no opportunity TO ascertain
the facts concerning the illness OF the
juror. The respondent moved that
the case be continued until until the
next day but this motion was denied and
the jury dismissed. The plea further al
Ieges tina: Mclaughlin was not perma-
nently disabled, but merely temporarily
i'll and within two or three days would
have been able to 60 on with the trial.
The city and town solicitors criminal
appeals will be In order for next Monday.
Appellate Court.
In the case OF Raymond r. whipple
against the City Of Providence the Appel
late Court granted the defendant new
A.. A .t~<tk -. lx1 a A,x.
afternoon, Judge Tiilinghast dis
senting. The case has been
tried twice, the plaintiff obtaining ver-
dict for $4,000 on the FIRST trial aud Si0,-
600 on the second. Both verdicts have
been set aside by the appellate court on
tho ground of cUutribuT Dry Ueytfguure.
The suit was originally brought TO recover
damages for injuries sustained by the
plaintiff on account of the alleged negli-
gence of the city in allowing a log TO re-
main in the gutter on Broad near Glad
stone street. The plaintiffs horse struck
this log and MIR. Whipple was thrown
into the street.
The following divorce petitions were
heard today:
lcoram Tillnghast J,l
9769. Addie j. Case VS.. William II. Case.
Continued drunkenness and non-sup-
port. Granted nlsi. Il. u. Lee for petit
tioner.
1854. Minnetta M. Carter vs.. Isaac f.
Carter. Granted nisi. Non-support and
desertion. Page & Owen for petitioner.
1888. Jessie +. Dobeare VS.. John Il.
DoIbeare. Non-support and extreme
cruelty. Granted nisi. Attorneys--Stone
& Lovejoy for petitioner.
1859. Lucy A. Shippee VS.. Clinton
Snippee. Desertion and non-support.
Granted Nisi. Attorneys-Page d Owen
for petitioner.
9S2S. Eva f. Collins VS.. James Collins.
Desertion and non-support. Granted
nisi. Hahn a Gus hing for petitioner.
(corsm stiness J.)
9705 Percy #. Gray vs. Patience Gray.
Dcsertion. Heard in part. Charles B.