The daily morning journal and courier., 1896-11-07
YESTERDAY IN THE COURTS
MOTION TO APPROVE APPRAISERS' REPORTON PECK BRO. s co. ESTATE.

company 10 De Appeaied-East Chapel Street Bridge Must be Built at Once Reed and Hin to Dissolve Partnership.
 A motion of John M. Peck, Charles H. Downs and Joseph Porter receivers for Peck Bros. & Co.,, that their re- port be approved, was argued before Judge Shumway of the superior court yesterday by White and Daggett The report admits claims amounting to $535, ,SS9.23. A 10 per cent, dividend was ordered paid on $49S,30S.23 Further more, the receivers were ordered to pay interest in full on all approved claims until October 1, 1S96 and that interest and semi-annual payments be made to the Chelsea savings bank on a mort gage of $49,5 ,500 Still further the receiv- CTS were ordered to pay claims amount ing to $13,256.S7, to make immediate payment in full of claims under $100, and to disallow certain claims amount ing to $4200. The receivers stated that all claims would be paid in full with interest
 DAMAGE SUIT MAY BE APPEALED. Yesterday morning Attorney H. G. Newton, who appeared for Mrs. Bar ton, had a motion on the short calendar list In which he asked that the plain tiff in the suit of Mary z. Barton against the Meriden Electric company be permitted to amend her complaint and that the default, on the part of the railroad company be reopened.
 When the case was reached Judge Shumway stated: "The court was pre- judlced against the claim of the rail- road company in this case, but the ruling made was in accordance with the rulings of the judges of this cir cult and the court could not do other wise than rule as 1t did"
 Encouraged by this statement MT. Newton then proceeded to ask that his motion should prevail and stated that he should like a week in which to de- eide whether he should withdraw the case or not and whether he should bring a, new action.
 Attorney S. c. Loomis, who repre- scented the railroad company, here in- terposed an objection to any delay and then brought consterna!tion to the face of Mir Newton by producing a. paper signed by MT. Newton and in which that gentleman gave notice to the court that the case had been with drawn.
 Judge Shumway stated that there was only one course open to him and that was to deny Mir Newton's mo- tions and to enter decree for nominal damages, $50 and costs. This was done, and it is likely that that case will be taken to the supreme court.
 Last week when the case was tried it was found that the plaintiffs coun- sel had failed to serve notice upon the railroad company of the fact that she expected to claim damages from them on account of injuries received Judge shumway at that. time ruled that un- der the statute Mrs. Barton could re- ceive only nominal damages.
 $5,O00 DAMAGE SUIT BEGUN.
 The suit of Francis Healey, a boy of Fair Haven, against the Fair Haven and Westville road, for s5,00O, has been begun in the superior court. The boy was struck by brake handle and lost the use of one eye.
 THE BRIDGE MUST BE BUILT.
 An order was passed yesterday morn ing by Judge Shumway of the superior court in which the city of New Haven and the New York, New Haven and Hartford Railroad company are per- emptorily required to build the bridge at East Chapel street over the rail- road tracks.
 The mandamus was issued on the motion of Attorney T. F. Callahan, who appeared for some of the residents of Fair Haven The railroad commits sioners in July, 1886, ordered that the bridge be built, at the joint ex- pense of the city and railroad com pany. An appeal was taken to the su- preme court and that court confirmed the order of the commissioners. Re- gently the case has been to the su- preme court on an application for a writ of mandamus to compel the city and railroad company to erect the bridge The supreme court decided in the interests of the applicants, and the order yesterday morning was in conformity with all the previous or ders except that it is peremptory in it's nature.
 The order required that there shall be 15 feet between the lowest portion of the bridge and the tracks. This re- duires the railroad company to lower their tracks for 20 inches.
 The order was directed to Mayor Hendrick and the board of directors of the railroad company.
 APPRAISERS APPOINTED.
 lao rad T,lt1rie L Fowler of North Haven, E. s. Par melee of Wallingford and Joseph P. Lavigne of this city appraisers to place valuation on the property of George S. Vibbert and others who own print ing establishment in Northford. The Hampshire Paper company had mort gage against the defendants who are insolvent, and it is to determine the value of the property above the amount of the mortgage that the appraisers were appointed.
 TOWNS ORDERED TO FILE AN
 SWERS.
 The towns of New Haven, Orange and Derby have been ordered to file answers within one week, if they so desire, in the parallel road case of the New Ha- ven and Derby Electric company against the New York, New Haven and Hartford Railroad company and the New Haven and Derby Railroad com-