The Providence news. (Providence [R.I.]) 1891-1906, 1896-04-25
MINOR ACTIONS
Usual Saturday GriSt of
Court Business.
T. c. Greene Made Master in
the Water Works Case.
Appellate Division Decrees--Trouble
Over Marmalade.

highest in the appellate court today Tor
bill OF particulars in the case OF Richard
A. Butler VS.. New England Electrolytic
Company of Central Falls.
The suit Is one brought by the plain
tiff, who was engaged in the tannery
business on the estate adjoining the
works of the plaintiff, and the claim
made is that the wells used by the plain
tiff in his business were rendered useless
by the percolating OF sulphuric acid and
other deleterious liquids through the
grounds into the wells.
James Tillinghast, counsel for the de-
fendant, claims that the Plaintiffs decla-
ration did not set out specifically enough
the manner in which the plaintiff was
damaged nor by what he was damaged.
b. M. Bosworth, counsel for the plain
tiff, said that the declaration contained
about all the information the plaintiff
would give. The latter had teen carrying
on business on the estate adjoining the
defendants premises, having leased the
same, and when he filed his bill in equity
the defendant company purchased the
premises SO leased. The manufacturing
conducted ny the defendant company,
Mr.. Bosworth further stated, was done
u
used could net be definitely ascertained,
but he did know that vitrol was used,
and some men who had worked for the
city OF Central Falls had had their shovels
eaten up by a stream of acid that flowed
from the defendant company's works.
The court held the matter for advise
ment.
Attorney Rathbone Gardner today
eskedr the appellate court TO appoint
master In the canse OF town OF Bristol rs.
Bristol and Warren Water Works. He
stated that the duties of the master in
this caseswould be quite important ones,
as among the questions to be decided are
what part OF the water works the com
pany can convey to the town and what
price should be paid for the same. A
number of names were submitted to the
court by Mr.. Gardner for the position of
master.
Arnold Green, who represented the re-
spondents, submitted the names. of diff err
ent parties from those suggested by Mr..
Gardner, and also said that some OF the
uuestio involved would be best decided
by a civil engineer.
Mr.. Gardner still urged the appointment
of a lawyer as master In the case, and
Judge Tillingbast agreed with him and
said he would rather the counsel in the
case should agree on a master as all of the
names submitted were these OF comre-
tent men.
Finally counsel agreed ON the appoint
ment of Thomas {. Greene az master and
the court with much satisfaction APPROX
ed the selection.
W.P. Bliss, administrators, VS.. Providence
Institutions for Savings, ct al Decree
entered taking bill pro confesso as to all
parties but the bank, and directing John
T.. Pegram as master to take account OF
what funds are in the hands OF the
bank, and of what sums are required by
n -
the debts and the settlement of the estate
of George Bellows.
Peter A. Sheldon vs. William II. Mat
tbs; decree entered confirming the report
of the master and ordering that the COM
plaipants recover the sum of Sl70. 40 from
the respondent.
Thomas Slingsby vs. Martha Biltcliffe,
ct al. decree entered taking the bill pro
confesso.
COMMON PLEAS DIVISION.
The only case tried in the common pleas
division of the Supreme Court today was
that OF Il. w. Shippee against j. c. Lyons,
a grocer OF 9S2 Branch avenue to recover
the value of a ease OF marmalade valued
at e6. The case was originally entered In
the district court and on claim OF jury
trial came TO this division. MIR. Lyons
admitted that the marmalade was delIv-
cred TO him, but as it was never ordered
when he received IL he is not liable.
The plaintiff testifiei that the MARINA
lade was ordered on September 6, 1895,
for future delivery ard was sent to Mr..
Lyons store as soon as possible. The case
containing the marmalade was produced
in court unopened.
According TO the defendant 10 order for
n case of marmalade was ever Piven and
for two months previous TO the delivery
of the same the plaintiff bad never en-
tered the defendants place OF business.
&. II. Johnson was attorney Tor the
plaintiff and Dennis II. Sheaban.
The jury in the case OF Bridget M.Ryan
vs. Frederick Il. Shaw brought in a ver-
dict in favor OF the plaintiff for defendant
fdr 900.
MINOR MATTERS HEARD.
A hearing was had before Judge Doug
lass on the motion of the State in indict-
ment against Francis j. Watson of Wash
ington county to strike ont the defend
ants plea 10 jurisdiction and on the de-
fendnnts' motion TO strike out States
motion. The former request was granted
and the latter denied.
The following other matters were heard
by the same judge this morning:
The demurrer In case OF George W.
Tabre VS.. Industrial Trust Company was
certified TO appellate court as substantial.
The order previously maze i'm the case
OF Mary A. slavin VS.. Margaret Lawless
requiring plaintiff to give surety for cost
was rescinded.
A Jury trial not being claimed in the
case OF Mary Kilkenney vs.. John Geehan
II was certified to appellate division.
The following cases came before Judge
Wilbur In chambers this morning:
The case OF Henry NJ Tater, petitioner,
Us. New York, Providence & Boston Rail-
road Company was reess1gned 10 May q.
Tho hparinu waa 10 have heqn on fho nm
pointment OF n commission TO asses dam
ages.
Damages we're awarded the plaintiff I'm
the case II Milliam l.evfOn va William