The daily morning journal and courier., 1896-11-19
YESTERDAY IN TIE COURTS
FRANCIS HEALP AWARDED Si00 IN
 SUIT AGAINST RATLROID.

De Batista's Case Not to be Reopened =
 Other Damage Cases in Court Yesterday No Receiver for Reed X HiIl-suit Against Lederer < Wolfe Stricken From the Docket-Ot Other Court Notes.
 Judge Shumway yesterday morning handed down decision in the superior court in the suit of Francis Healy against the Fair Haven and Westville railroad, claiming $5,OO0 for the injury to his son, who was struck in the eye by brake while playing on empty cars standing on North Quinnipiac street. The plaintiff is awarded $l00 damages.
 DEMURRER NOT ALLOWED. In the case of James Daly against the | city and town of New Haven, which was brought to recover damages be- cause of the death of his twelve-year- old child Mary Daly, on the Quinnipi- ac drawbridge last summer, Judge | Shumway decided against the city and | town on their demurrer to the com plaint. The city and town contended that they were not liable for any dam ages, as they were performing a duty | for the public while opening the | bridge.
 CONDUCTOR NOT OBLIGED TO As- SYST PASSENGERS. | In the suit of Clifford Baldwin against l the Fair Haven and Westville railroad the court sustains the railroads de- nurrer to the substituted complaint. | The plaintiff claimed $5,000 damages for injury to his wife by a fall from the car at the corner of State and Chapel streets on March 4, 1895, It was claim | ed that the conductor was careless in not being present to assist her. The court sustains the railroads claim that it is not obliged to have the conductor present to assist passengers in getting on and off the cars. Watrous & Buck land, who are the attorneys for the railroad will now ask that judgment be rendered for the railroad | DE BATTISTA'S CASE NOT TO BE REOPENED.
 Judge Shumway decided not to re- open the case of Francisco De Battista | against the. New York, New Haven and l Hartford Railroad company In which l he granted nominal damages $25. This l course was due to the fact that there was an error in the pleadings, technical in it's nature, but vital to the case ! PLAINTIFFS MOTION DENIED. In the suit of Thomas Harhen against the New Haven Steamboat company | the plaintiffs motion to strike out part ! | of the defendants answer Is denied by the court.
 HOGAN DAMAGE SUIT ON TRIAL Yesterday morning the s5.000 suit o1 James Hogan against the New Haver l Clock company was put on trial. Ho- gan was a driver for the firm of Me. Cusker & Schroeder, the coal dealers and on October 30, 1895, while deliver ing some coal at the Clock company's shop his foot went through piece o1 lumber which it is claimed was rotten and which covered piece of revolving shafting. The fragments and muscles were very badly torn and he claims $5,' 900 damages.
 NO RECEIVER TO BE APPOINTED
 Judge Shumway refused the contest ed application Of John Hill for the ap pointment of a receiver over the gro cery firm of Reed & Hill It wa claimed by MT. Reed that there was nc partnership between them, but that h, merely agreed to give MT. Hill half O the profits of the concern as a salary. SUIT STRICKEN FROM THE
 DOCKET.
 By order of Judge Shumway the sui of Minott Chatfield against Lederer ( Wolfe, proprietors of the soap factor, on Derby avenue, brought because 0 alleged foul odors from the factory wa stricken from the docket The lawyer for the defendant stated that MT Chatfield had notified them that MT Hamilton, who brought the suit, n
 longer acted as counsel for him.
 Mir Hamilton objected to the with
 drawal of the suit, as he said ther
 were others interested in the suit be sides MT. Chatfield and they had no
 requested him to withdraw it.
 Judge Shumway said the suit did no show that other parties were intereste'
 in it, and he would strike it from tn
 docket.
 RECEIVER FOR EWELL & YOUNG
 Attorney J. P. Goodhart in the supe
 rior court yesterday morning move for the appointment of a receiver t 2 settle up the affairs of Ewell x Young the Chapel street barbers. It is under stood that the members of the firr have had a misunderstanding an
 have taken this method of settlin their affairs.