The Providence news. (Providence [R.I.]) 1891-1906, 1896-05-29
ASKS NEW TRIAL
City Wants One in the Case
OF Mary A. Curry.
MOrtgagOrs Want a Chance to
Redeem Property.
Grand Jury Again Next Monday.
Cases Heard by the Court.


Court this morning on the defendant s
petition for new trial ia the case OF
Mary A..Curry VS.. ID. l.. ID. Granger, city
treasurer.
The plaintiff claims to have been
severely injured by falling into hole in
the sidewalk on Broad street between
Fenner and Foster SHEETS, on October 22,
1890. At the tine of accident Miss Curry
was going past the coal Office of III. q.
Robinson, and the excavation had been
made by j. Frank Read, the drain layer,
and she claims there were no lights near
the place when she fell. \ jury awarded
her $1,000 damages.
The defendant claims the place was
lighted by no less than five lanterns,
and that the verdict OF the jury was
against the evidence. Ii Is also contended
by the defendant that the verdict was
exec sive. The case has bee n three times
Irled.
The plaintiff contends that the verdict
OF the jury was fully justified by the evil
dence in the case, and that the damages
awarded cannot be considered excessive,
as the plaintiff is crippled for life.
Page Owen represented the plaintin
and Il. ID. Bassett and A. A. Baker the
defendant at today's hearing.
MoRTGAGoR WANT CHANCE TO REDEEM.
There was also hearing on the bill in
equity brought by Joseph Hill and wife
against Deiphine Z. Wallace to redeem cer-
tain mortgages. The complainants form
erly owned three lots of land on Valley
street and mortgaged the same to differ
ent parties, the mortgages, however, be-
Ing all finally transferred to the respond
ent In the present case. The complain
ants aver that they offered the respondent
$3.50, the amount due under the mort
cages but that she refused to cancel them
unless $3.50 was paid her. The parties
seemed TO have had a number of business
transactions amongst themselves, Dr. Wal
lace being disposed to advance money on
the property in question. Among the rea-
sons given by the complaipaDts for COM
pelling the complainants to cancel the
mortgages for the small sums Is that 1928
was paid on the mortgages and that in
terest has been paid on tnat sum for over
ii years.
The respondent claims that the full
amount OF $500 is due the $500 having
been long ago deducted and that the COM
plainants have got their accounts mixed
up. Two OF the mortgages have been fore
closed.
Page ~ Owen represented the plaintiff
aud Walter +. Angeill and John +. Ions
dale the respondents.
ne court nelu the matter ICr auVlSe-
ment.
COMMITTED WITHOUT ARGUMENT.
The case OF @. Il. & T.. &. Swift vs..
Arthur Rounds was submitted to The
court this morning on defendants de-
murrers to the plaintiffs declaration, with
out argument The declaration charges
that the defendant, who is resident of
Attleboro bought M, at worth S165 Of
the plaintiffs, made FRAUDULENT represena-
tlons at the time OF said purchase. The
chief grounds of demurrer are that The
plaintiffs GO not specify any special false
repre- sentstion. that there ~ no action
alleged as having been taken by the de-
iendant by reason Of said false repre-
sentaiion, nor is damage alleged as hav-
ing been caused the plaintiffs by reason
OF Gny Misrepresentation.
W. b. Tanner is counsel for the plain
til and X. b. Burbank represented the
defendants.
Arguments were made by counsel In
the appeal of Annie McGIuty from the
decision of the probate court of Warwick
on allowing an administrators account.
>. ". X. Allen and a. {. Green were
the counsel In the case.
No cases were ready for trial In the
common pleas court today and all Of the
casei were passed. The case OF Anthony
Best against the Union Railroad Com
pany was marked on the calendar rs set
tied ou, of court. The case .of James
Sweeney vs.. Bridget Gilchrist was roas-
signed for trisl on June 10.
The grand jury win be empaEeiled on
Eext Monday.
VERDICT FOR THE PLAINTIFFS.
Tho Jury in the case of Lizzie Waterman
against Shepard d Company, after several
hours consultation, gave verdict for
tie plaintiff for 200 and costs. Miss
Waterman sued for S2500. and claims to
have been injured while repairs were
being made ON tie defendant company's
store.
DEGREES IN APPELLATE DIVISION.
The final account OF y. C.. Greene, re-
ceiver OF the Franklin Institution for
Savings. which had been flied, was re-
feIred 10 Joon Z. Pegram for examina-
tion.
Harriet a. jackson was, by consent of
counsel for her husband, artist Charles a.
Jackson awarded custody OF her infant
son, Mr.. Jackson TO have an opportunity
OF visiting the child at oil reasonable
times.
ADJrDGED INsoLvENT.
At their own request, George II. Wood,
FRANK }. 4 cknall and Joseph III. Potter.
ana the firm OF God, Bicknall d Potter,
were today adjudged by the appellate
division of the Supreme Court insolvent.
The case aud all matters pertaining
{ hereto were referred 10 Lorin NJ. Cook,
n standing master in insolvency proceed