The Providence news. (Providence [R.I.]) 1891-1906, 1896-04-22

cry. ~ O.
A number OF OF her witnesses were called
including one who admitted on cross
examination that he had seen the eleva-
tor shaft uncovered before the accident
and that the men employed in the build
Ing knew OF the fact.
One OF the witnesses for the plaintiff
was asked by MIR. Beane what was the
plaintiffs reputation for careiulness. Mr..
Rocker objected and the court did not
think the question was pertinent, as the
plaintiff bad told his story. His honor
said that had the plaintiff been killed by
the accident, testimony might have been
introduced as to his being a careful man,
but that in this case there was no con-
tention that he was not such.
At the close of the testimony for the
plaintiff w. q. Rocker, attorney for the
defendants, moved for a non-suit on
the ground that the plaintiff had failed
10 prove anysaegligence or responsibility
on the part of the defendant for the ac-
cident.
A. ID. Bean, counsel for the plaintiff,
submitted q mum ber OF authorities to the
court In support OF his request that the
motion be denied.
Judge Rogers. after consultation Of
the authorities. stated that he could not
see under the circumstances how car
penter, working in partially constructed
building could, under the testimony In
this case hold the defendant liable. III
there was any blame attachable In this
case TO any one 1t must be a fellow
servant. The plaintiff must have known
OF the Msks undertaken by him in the
performance of bis Iabors, and must have
had experinece enough to have guarded
against the opening. Bis honor there
upon granted the motion OF the defend
ants counsel and Mr.. Bean took an ex-
ception to the decision.
SONS OF ST. GEORGE SUED.
Before Judge Rogers and jury, was
tried this noon. the suit of John Taylor
Wood against W hat Cheer Lodge, Sons OF
st. George, to recover $40 alleged to lie
due him for sick benefits.
The plaintiff claims that he was admit
ted to full mem bership in the defendant
to receive s. per week while sick; that he
was sick for eight weeks, for which he
received NO money from the lodge. IL is
admitted that the plaintiff, when he was
taken i'll, owed the lodge three months
dues. but that in order 10 debar him from
benefits he should have been at least four
months in arrears.
b. M. Bosworth, counsel for the de-
fendant lodge, admitted that the pldintifi
was sick and bad filed the certificate OF
sickness as required by the constitution
but clsSined that by the provisions of the
constitution all disputes between the
members of lodge and the lodge must
be submitted to the grand lodge of the
order. Continuing his arguments on this
point Mr.. Bosworth claimed that as the
plaintiffs claim came through the con-
stitution of the society he was bound by
all its povisions.
George Fsrnell was counsel for the
plaintiff. seer
SOUGHT TO RECOVER LEASED GOODS.
Before Judge Wilbur and jury was
tried the suit OF William L. Mhipple
against Joseph Lam bert and Others, to re-
cover property saiuea at $50 which ix-was
claimed was. leased to the defendants by
the pleiDtiff. The former claim that the
leased goods as we'll es all other demands
ever held by the plaintiff against Joseph
Lamt est have been paid.
J. ". Hogan was attorney for the plaip-
tiff and Page & Owen represented the de-
fendlnt.
APEPLLATE COURT DECISIONS
John B. Gormiey W.. James Layelle, Jr.,
bill dismissed as the failure of the trans
fer of the license 70 compleinants Is not
due 10 the respondent but TO the action of
the commissioners.
. Emma Whitman VS.. Alpha B. White; the
defendant held TO have been excused from
the payments of notes given by him TO
his rather Cn account of the provisions Of
the codiCil to the fatter's will,