The Providence news. (Providence [R.I.]) 1891-1906, 1896-06-05
1t Was Into a Well and
He Wants Damages
His Suit Against Atlantic
Mills Now On Trial.
Stable Keeper Sues For Damage
Done One of His Turnouts.

John Mccain, former employe OF the
Atlantic Mills, some time ago brought
suit against that corporation, and the
trial OF the suit was begun before Judge
Rogers this morning.
The plaintiff claims that while performs
ing his usual labors at the mill In Olney-
Vile he fell into a wen that was 25 feet
deep, and sustained serious injury to his
limbs and back and came near to death
by drowning. The injuries he received,
he claims, have ineapacitated him for
labor since 1893, when the accident oc-
CURED, and he denies being guilty of any
tributory negligence whatsoever, but
does claim that bad IL not been for the
gross negligence of the defendant corr
poration the accident would not have oc-
CURED.
Mr.. McCann asks the jury TO award
him 5000 for mis- injuries.
The jury Immediately after the opening
statement of counsel for the plaintiff went
TO the mills at OlDeyviIle to view the well
into which Mr.. McCann fell
Page & Owen represent the plaintiff
and ComstoclS Il Gardner and X. q.
Mowry the defendant.
COSTLY RIDE PoR SOMEONE.
The trial OF the suit of Clarence Bene-
dict, North End stable keeper, TO re-
cover $500 damages from Max Blargolis
and Jacob Qwaite for injuries to a horse
and damage to q surrey, was tried In
Judge Wilbur's court this morning. The
case was originally tried In the District
Court and the plaintiff got Judgment for
Sh0
Mr.. Benedict testified that one Sunday
in July. 1895, the defendants hired a
horse and surrey of him to go to Moshas-
nd xvh haU rafu naH
the horse, the same was badly injured and
gave evidence Of having been overdriven
and the buggy was damaged SO badly
that ii was impossible to put IL in as
good condition as IL was when let to the
defendants. The horse Mr. Benedict also
claimed, he'd TO be sold for an unreason-
ably low price on account OF the treatment
IT received on the occasion referred to and
thar the animal was one OF the gentlest
that harness was ever placed on.
The defendants claim that the damages
TO the horse and surrey have been over
estimated and that the accident, which
was responsible for the disagreeable end
ing OF the charitable ride was due TO the
natural wildness of the steed. The judg-
ment in the lower court was against Mr..
Qwaite, the other defendant, Mr.. Margolis,
obtaining decision for his costs.
q. l.. Kneeland was attorney for the
plaintif and .. IL. flanagan attorney
for Qwaite.
The original writ in the case was is
sued Sept. 20, 1894, and the case has been
on the common pleas calendar for over
year.
On the return OF the jury TO the court
Mr.. Owen stated that his client had not
appeared in court but he would like the
trial to proceed. Fhe request was grantee
and number OF witnesses swore inciud-
ing DIR. j. A. O'Keefe, who testified that
he treated the plaintiff for pneumonia tor
about 10 Days and afterward treated him
for breathing troubles.
At the conclusion OF the DOCTORS testi-
mony Mr.. Owen stated his client, who
resided in Valley Falls, had not yet
arrived, SO by consent OF counsel on the
other side on adjournment was taken un-
til p. IN.
PLAINTIFF GETS INCREASED DAMAGES.
The jury in the case of Benedict VS..
Margolis and Qwaite brought in a verdict
in favor OF the plaintiff for $3.50 and costs.
There Is a remarkably large docket of
cases in order, in both divisions OF the
Supreme Court tomorrow.
The docket OF uncontested divorce cases
which is to be disposed of in the early
part OF the week after next is not a very
large one.
A number OF cases will be assingned in
the comomn pleas division OF the Su-
preme Court tomorrow for trial next fall.