The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-21
Plaintiff Denies JuriSdiC-
ton of the Court.
Jury in Common Pleas Divi-
sion Has a Hard Task.
A Plaintiff WinS--Final DEGREES and
Orders Entered Today.

The question OF whether or not new
trial should be granted Max Taub in the
suit brought against him by Alexander
Brothers and in which, at the previous
trial. a judgment was given for the latter,
was before the appellate division of the
Supreme Court.
Attorney J. j. Hahn asked for new
trial on the ground that his client had
been unable to be present at the previous
trial
General Charles A. Wilson opposed the
petition and claimed that the court had
no jurisdiction under the general laws In
the matter, the case having been once de-
cided and the defendant having had his
day in court. The court held the matter
for advisement.
In the case of John McGrath, trustee, VS..
Julia A. Sullivan, the plaintiff was allowed
to amend his bill of particulars and the
defendant her affidavit of defense.
Buchanan q Lyall VS.. Henry o. Car
penter. decree was entered to the
following effect: "1hat the said respond
ent, his servants and agents he, and they
are hereby enjoined from using the trade
mark and labels of the complainants on
any tobacco other than that manufactured
by the complainants, or from vending any
tobacco with a co orable imitation of said
labels and trademarks or from vending
under the name of PLANET B-L' or
splanet, or sB-L' tobacco other than
that manufactured and sold by the COM
painants as such 'Planet B-L, Planet
or 'B-L' tobacco, or from affixing said
trade marks upon any other tobacco other
than that manufactured by the complain
ants as aforesaid
The respondent ia also ordered to pay
the damages assessed by the master and
the costs to be taxed by court.
The masters report in the case assessing
damages to be paid TO the complainants
by the respondent at sZs0.73 was also con-
frmed.
COMMON PLEAS DIVISION.
Before Judge Wilbur and jury was
tried the suit of Joseph Lavell of Burril
willie against Nehemiah Kim ball to recover
$3.50, balance due for labor performed at
the latter's request. The defendant
claimed the amount he owed Lavelle was
only 81.
II jury brought in verdict for the
plaintiff ior the full amount OF his claim.
Stone q Lovejoy for plaintiff and James
II. Williams for defendant
CONFLICTING TESTIMONY.
The testimony in the suit of John t.
Cottrell, trustee, against Annie Camp
bell, which was of very conflicting ma
ture, occupied the attention of Judge
Rogers and jury today. The plaintiff,
a lumber dealer in Pawtucket, sued to
recover 200 alleged TO he due by the de-
fendant in orders accepted by her for the
payment of part of the lumber used in
the construction of two houses for her
in the city named.
Mrs. Campbell claims that on Dec. 13,
1923, she signed an order for $1,000 and that
afterwards this order was claimed by the
plaintiff to have been lost and she did
not see it again until trial of a suit
against her brought by the contractor,
who built the houses. She also claims
that the order was surrendered to her and
that she, in fact, paid $500 on account
for il.
On behalf of the plaintiff it is further
contended that the order was never sur
rendered and that in the suit of the con-
tractor against Mrs. Campbell the verdict
was reduced on account of an allowance
made for the order now sued on.
II. W. Blodgeit represented the plaintiff
and Claude j. Farnsworth and ID. s. la
ker the defendant.
THE NELSON CASE SETTLED.
The case of John A. Nelson, admins
TRAITOR, against the Providence Cable
Tramway Company, which is on the cal
endar of the appellate division for Mon
day next, has been settled.
The suit was brought to recover dam
ages for the death of Thomas Nelson.
who was a victim of the explosion of
sewer gas under the tramway on College
Hill about a.year ago, and the defendant
company has agreed to pay the plaintiff a
satisfactory sum in consideration of the
oiscontinuance of legal proceedings.
Deputy Sheriff Ben jamin III. Child did
his first court duty this morning in Judge
Wilbur's court.