The Providence news. (Providence [R.I.]) 1891-1906, 1896-09-30
The City of PaWtuCket Is
Now Seeking One.
Does Not Think Miss Smith Is
Entitled to Damages.
Cases Before the Appellate and
Common Pleas Divisions.

Before Chief Justice Mattteson and
Justices Sitness and Tillinghast was
heard today the defendants petition for a
new trial in the case of Nellie M. Smith
VS.. Frank M. Bates. oity.treasurer OF tue
city of Pawtucket. Miss Smith, while
going to her work along Main street in
Pawtucket On the morning OF March 10,
1892, fell on the Sidewalk and broke her
leg. There had been fall OF snow, tol-
lowed by rain, ana Miss Smith and her
witnesses claimed she struck her foot
against the root OF a large tree that stuck
up In the sidewalk. The testimony CT the
defendants witnesses was that Miss
Smih did not trip over the tree root, but
is feet from where the root was. James
L.. Jenckes, city solicitor of Pawtucket,
urged today that the main question was,
mad p'aintlff shown by a proper defence
of testimony that she did trip and fall
over the root Of the tree. or did she fall
where the defsndani's witnesses swors
she dia? He claimed the plaintiff had
not proved her story cf the accident.
W. Waldo Robinson, attorney for the
plaintiff, argued that the verdict OF the
jury awarding Miss.Smith $500 was in
accordance with the evidence in the case.
The petition was held for advisement.
ONLY RENT COULD BE PROVED.
An interesting point came up in the
same division of the court in the case OF
Thomas McCusker VS.. William Fitzsim-
mons. Jury trill was waived and Mr..
MoCisker sought in an action of assump-
sit To recover for rent and the damage
done TO store counter, we'll curb and
ether articles from Mr.. Fitzsimmons.
L. ID. Bassett of Basse,t & Mitchell
represented Mr.. Fitzsimmons, and he
held that Mr.. McCusker could not recov-
er anylh hing but what wGs due for rent
under he action of assnm psit, and con-
tened that the court could not DO waived
and the action OF assumpsit brought to
recover for waste.
II. j. Carroll conteneded that as the
repairs TO the tenement and articles
hired by Mr.. Fitzsimmons had been made
and the money paid, this action might
Ue maintained.
The court, however, agreed with Mr..
Passett's authorities and let Mr.. Carroll
prove only his claim for rent due, on
which there was dispute Of about "a.
COMMON PLEAS DIVISION.
There were no cases tried in tho CON-
mon pleas division OF the Supreme Court
this morning, in fact postponing seems
to have superseded the trying of cases.
Judge Douglass. commenting upon this,
sid in pleasant way that ii looked as
II the attorneys mad formed a combine
against the election Of a new judge by
showing there was not enough business
for the present justices.
An amusing incident came to light af-
ter the calendar had been called for,
when two prominent members OF the har
came in little late. They informed Judge
Rogers that they had been told by an of
ficer that the days calendar was TO be
called in the room where the Appellate
Court holds its sessions. Judge Rogers
fald he never remembered session OF the
common pleas division being held in that
court room, but one of the lawyers was
very sure that this division of the court
had held a session there. After a while
Clerk Webster informed Judge Rogers
that Judge Douglass had heard a COM
mon pleas case in that division once, and
Mir. Comstock, who was one OF the attor-
news. felt happy over his vindicstions
The trial of case of Streik er u Zeidler
vs.. Albert Steipert to recover damages for
alleged SANDER was not tried today, as
MIR. Gardner, one Of the counsel for the
plaintiff, was still engaged I'm tie trial
OF a case in Bristol, begun yesterday.
When the case of Spencer G. Vose
against the CITY of Providence was called
today City Solicitor Coiwell announced
that Il was probable a settlement would
be reached out Of court, so the case was
passed.
TOWN CAN TAKE THE LEGACIEs.
A fnsI~decree was today entered in
the case of George L.. Webster ct al VS..
John L. Wiggin, ct al, confirming the
report of Nathan w. Littlefield, Esq,
the master to whom said case was re-
ferred for certain purposes and the town
OF Meredith. N. H., Is decided to have
legal capacity to take and administer the
trusts annexed TO the gifts OF $1,000 and
$500. portions Of the legacy OF si0O) to the
said town and the school districts thereof.
Chase Wiggip, who died In this city on
the 23d OF February, 1891, by his will
directed the above legacies should be paid
to the town named.
New Superintendent of Parks.