The Providence news. (Providence [R.I.]) 1891-1906, 1896-05-25
STORIES DIFFER
In Whalen Case Against
Union Railroad Co.
Important Cases Heard in the
Appellate Court.
Re-argument Asked for in Case Of
Coke Bros. VS.. Prov. Coal Co.

which was begun Saturday afternoon,
was resumed this morning. The amount
sued for was increased by permission of
the court from $4,000 10 s60O0 1t is claim
ed on the part OF the plaintiff that on
getting off a car that had come from
Crescent Park at the corner OF Tockwot-
ten and Gano streets II was suddenly
started up and he was thrown to the
ground and so badly injured that for
three weeks he was confined to his home
and he also claims that his eyesight has
been permanently injured.
The testimony showed that there was
considerable singing done and noise made
by parties more or less under the influence
OF liquor, bdt the witnesses for the plain
tiff all deny that he was one OF the par
tics who made n noise or aided In the
creating OF the disturbance.
One witness testified that the curtain
behind the motorman was part way down
completely shutting out the view OF the
conductor from the motorma1. The rea-
son the curtain was down was on account
OF the severe wind that was blowing. A
policeman came on the car and requested
one witness for Whalen swore the officer
did not speak TO Whslen et the time and
that the only bad language used was by
the motormaD, though even that was not
intended as an insult to anyone.
James j. Whaleu testified that on the
18th of.Mny, 1890, he went TO Riverside
and spent the afternoon there, but the
only thing he drank was ginger ale, and
denied taking drop OF Intoxicating
liquor on that day. His mother and sis
ter testified that the plaintiff never had
any trouble with his eyes It'll the acci-
dent occurred.
David 5. Baker counsel for the de-
fag, Iara rnfs oafA In. hi
marks TO the jury that he. would prove
that the plaintiff was oBe of a very
drunken gang OF young men that tried
to run the car from which he claims TO
have been thrown and that the accident
was due entirely 10 his negligence.
DR.. Palmer testified that Whalen told
MIN he had been suffering from sore eyes
for some time as the result of bad health.
Irving Champlin and J. Z. Quinn are
attorneys for the plaintiff.
DIscLAIMs ALL RESPONSIBILITY.
In the appellate division OF the Supreme
Court this morning was heard demurrer
in the case OF Peleg A. Sanford vs. Paw
tucket Street Railway Company. The
plaintiff first SUED the City of Pawtucket
and recovered verdict, but the APP
pellate court held that the City OF Paw
tucket was not liable. The suit is
brought TO recover damages for injuries
caused by the plaintiff coming in contact
with guy rope stretched across Ions
dale avenue at Pawtucket while the troll
ley.wires were being put In on that high
way, was thrown from his carriage, and
heinz an old man the results OF his in
juries were quite serious.
The defendant company now claims IL
is not responsible because the work was
done by an independent contractor and
this point was before the court TODAY
"a, nj In hat bo
ant company was liable for the acts of its
agents and servants in stretching the rope
across the highway where the accident
occurred.
j. F. Lonsdale was counsel for the
plaintiff and w. &. Baker represented the
defendant company.
The application of the Perkins Horse
Shce Company for a writ of certiorari
against the license commissioners of the
town of Cum berland, which was TO have
been heard this morning, was continued
TO Wednesday. at the request OF the coun-
sci for the petitioners, Walter +. Angel;
Charles K. Gorman represented the re-
spondents.
hearing was had this afternoon on
the defendants petition for new Il ial in
the case of Leopold Massell vs Protective
Mutual Fire Insurance Co. The plaintiff
recovered judgment for 5000 against the
defendants for amount due under three
insurance policies for damage to his
house, household furniture in the house
and on stock o. groceries. The de-
fcndant now asks for new trial, OH the
grounds that the usual grounds of the
plaintiff not proving his case by pre-
ponderance of evidence, that the presid-
ing Judge erred in his instructions to the
Jury; also that he erred in not refusing
to. charge as requested by the defendant
and again that the Judge erred in refusing
to oh fha iury rgOuestpd ly he dp-
fendant.
j. W. Hogan. counsel for the plaintiff,
opposed the different points raised by the
defendants counsel, G. u. Kneeland, and
claimed that the evidence was conclusive
as TO the proof of the plaintiffs case in
the court below, and denied that there
was any error in the charge by the pre-
siding Judge In the over court.
motion for reassignment OF the
case of Providence Coal Co. against Coke
Bros d Co.., was made this morning by
counsel for the plaintiff, who con;ended
that the decision OF the court TO the eject
that the failure of the plaintiffs to take
tho coal during certain months justified
the defendants considering the contract
as rescinded should be amended. james,
William X and Theodore i. Tiliinghast
were counsel for the plaintiffs and j. NJ.
Ripley and j. Henshaw represented the
defendants.
lUc case OF JOnD NhuRnhn W..
Clarkson was submitted to tho court
without arguments.
There will be no session OF either
branch of the Suprg me Court tomorrow,
as oil of the justices will attend the fun-
eral OF Mrs. Wilbur, wife of Judge Will
bur, at Woonsocket.
THE TITLE HELD SUFFICIENT.
Walter II. Wightman, guardian OF the
personsn1 est .s'of Ellen Mccarthy had
the specific performance decrcef by the
appellate court this morning OF contract
made by Mary Ann Remington. The lat
ter agreed 20 purchase certain piece OF
property and then refused TO pay the par
hase money because she Gained Wight
man could not give marketable title.
One ot the parties that once beld tho land
for which the Remington woman refused
To pay was a Maria Ra,cliffe. wife OF Ed
word hatclife. Il was over 40 years ago
that Mrs. Radcliffe mortgaged the prom
ises, which we're sold under the mort
gage y short time afterward, bet today
y. g. Pierce. who represented Mary Ann
X mington contended tnat there was !lt-
a.. Al Iasr rgs.