The Providence news. (Providence [R.I.]) 1891-1906, 1895-11-08
JURY TO DECIDE.
Important Opinion in a
Highway Suit.
Reargument in Case Against
Master Plumbers Assn.
Other OpiniOns---NO Cases Tried in
Common Pleas Division Today.

In the case OF Nicholas McCloskey VS..
Charles p. Moies, town treasurer OF the
town OF Lincoln, the appellate division
of the Supreme Court by Judge Tilling-
hast has given very interesting opinion.
The plaintiff alleges that while cros-
sing part OF the bridge at Valley Falls on
Broad street in said town, being in the
exercise OF due care he slipped and fell
on some ice which had formed on the
sidewalk OF said bridge, and was injured.
He also alleges that the bridge was out
OF repair on that street, sagged at the
place wnere the accident happened, caus-
ing depression or hollow Ia the side
walk thereof, by reason of which the
water had collected there and, becom-
ing frozen. rendered said sidewalk slip
perry and dangerous to travellers, and that
1t had been defective and out of repair
for long time.
At the trial of the case in the common
pleas division, after the plaintiff had sub
mifted his evidence, the court on motion
OF the defendants attorney, non-suited
him. on the ground that he had not first
given the notice required by Pub. Stat.
X. j., Chap. So, Sec. 13, and that he had
not shown that the accident would have
occurred IL the ice had not been there.
The court, in the opip ion, holds that
the case before IL on petition for new trial
from the evidence submitted does not
come under the class of cases in which
notice should be given OF slippery con-
oition of highway before action is
brought, there being testimony to show
that the highway itself was detective.
The concluding portion of the opinion
is as follows: "That the defect was one
OF the proximate causes of the accident,
and that the accident would not have
happened but for the existence Of such
defect; The case therefore falls within
the decision of this court in Hampson VS.
Taylor, 10 X. j., SO, in which IL was held
that where the injury resulted from q
com oinsrion of two causes, both in their
nature approximate, one defect in the
highway and the other a natural cause or
pure accident, for which neither party is
responsible, the town is liable, provided
the injury would not.have been sustained
but for the defect In the highway.
"We are therefore Of the opinion that
the court erred In granting the non-suit
and that the plaintiff is entitled 10 a new
trial.
petition for new trial granted"
There were only two cases heard by
Chief Justice Mstteson and Justices Sti-
ress and Tlllinghast today.
reargument was had in the petit
tion of the case OF Aehille- -Gusti VS..
George Del Papa for a new trial on the
part of the plaintiff, the court having pre-
vlouely denled the motion.
In the case OF McCauley Brothers VS.. p.
Tierney ct al. and others. Charles Il.
German appeared In behalf of the plain
tifs and asked TO have the case rear
gued.
The plaintiffs are plumbers doing busi
ness in this city end the defendants are
members CT the Master Plum bers' AS
socistion OF this city, which organization
Is affiliated with the national oragniza-
tion of master plumbers of the United
Ststee and one OF its rules is that no deal
or in plumbers supplies shall sell any
materials used in the trade TO any one
who Is not q master plum Der. The plain
tiffs claim that the national Organization
was determined that those only are TO be
considered master plumbers in any place
who belong 10 an association affiliated
with the national organization. The
plaintiffs claimed In their bill OF COM
plant that on this account they could
not purchase the materials necessary for
the carrying on of their trade or business
in this city. They charged that the de-
fenoants were guilty OF conspiracy. The
court in an opinion given about two
weeks ago, Dismissed the bill of complaint
holding that no conspiracy was shown.
Mr.. German this morning said that he
thought thet under the statutes OF the
United States the facts disclosed could
be shown TO prove 6 conspiracy. W. Il.
Tillinghast appeared for the defendants
and the reargu ment OF the case was set
down for Decen ber b.
The case of Roberts VS.. Roberts was
postponed for two weeks with the un-
derstandipg that the plaintiff should pay
respondents witness fees for today.
This division OF the court today ad
iourns until a week from Monday next.
The judges will sit in South Kpgstown
next week.
COMMON PLEAS DIVISION.
There were no cases tried in this divis-
ion today. The cases on the docket were
disposed of as follows;
Peck & Black VS.. Fred A. Steere. Set
tied by agreement OF parties.
Hanlcy Hoye & Company VS.. Thomas
Grimes administrator. Certified 10 ap-
pellste division; jury trial waived.
Hanly Hoye x Company VS.. Jane Nc
Gale. Same disposition as in previous
cases.
w. Manton Daley Va. Union Railroad
Company. Reassigned to Dccembe Is by
agreement of counsel.
In the case OF William IL. stone vs.. Ed
ward /. Lssell the jury late yesterday af-
ternoon brought in q verdict in favor OF