The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1897-04-07
coin & Co., of Boston, whose claim is
| So, 1870,
Walps estimate of his assets is 49,
Court Notes.
200,


Nelson Dillon, who claims to be a
prize-hghter, was charged in the city
court yesterday with drunkenness and
smashing the windows Of the saloons
of Charles Renol and NJ. Crailey, at 81
and 9S Union street. Dillon was put
out Of the places by the windows, and
he couldn't help breaking them. When
he landed upon the sidewalk below he
was badly cut about the head and
hands, and was picked up by Police
man Lanigan. The court said that the
proprietors of the saloons were to blame
for the breaking of the windows, and
suspended Judgment In the injury
counts. For drunkenness Dillon was
fined 81, with no witness fees.
DRUNK AND RESISTED OFFICER.
James A. Martin, eighteen years of
age, was in the city court yesterday
morning, charged with drunkenness
and with resisting officer Horan. At
torney Jacobs was appointed to defend
Martin, and he succeeded in getting
Koran very angry. The charge of in
toXication was nolled and Martin was
fined SO for resistance.
OTHER CASES.
The case of Thomas ]. Coffey, charg-
ed for a manifold time with vagrancy,
was continued until to-day. For
third offence of vagrancy Coffey was
sent last term to the superior court,
where his case was nolled. ..
The case of Nelson Walker, charged
with non-support, was continued until
to-day under bond Of $3.50.
The case Of John T. Ryan, charged
with entering the house of Emanuel
Moses, SO Dwight street, last Friday
morning, was continued until to-mor-
row.
The case of Michael Leo, charged
with non-support of wife, was contin-
ued until April 20, and the accused was
committed in default Of $50 bond.
William A. Winterfeld and Michael
Mclaughlin were fined SO and 81, with
costs, respectively, for fighting.
The case of Charles F. Sennett, charg-
ed with breach of the peace, was con-
tinued until April 8.
Frank Fernino and Angelo Melillo
were fined SO and 81, with costs, respec-
| lively, for fighting.
Judge Hubbard of the court of COM
mon pleas tried the case of Charles B.
Bates, charged with 5non-support OF
wife and children. Attorney Richard
H. Tyner appeared for Mrs, Bates, and
| Judge York for Bates.
John Cox and Sussman Goldreyer,
| real estate agents, have brought SUIT
| against Reuben Seetzke to recover
amount of commission due on sale OF a
piece Of real estate. The defendant S
| body was held as surety by Deputy
Sheriff Koon, but was released on bonds
| furnished by Maier Zunder.
| Botsford & English, gas filters, have
brought suit against Henry Miller, a
Temple street barber. The shop was
attached to the amount of 500 and a
keeper placed in charge.
The w. A. Beckey company yester-
day sued M. w. Burwell for 5000 for
| lumber.
SERVITUDE OF STREET RAIL
| WAYS-A CONNECTICUT DECIS-
| ION IN THEIR FAVOR.
The Connecticut supreme court, after
several months of deliberation, has de-
cided the case of the Canastota Knife
company against the Newington Tram
way company, involving the question
Of the additional servitude of the troll
ley roads on highways as emitting the
| AUDITING land owner to damages. Two
of the judges, Chief Justice Andrews
and Judge Hamersley, hold unqualified
ly that the trolley road is an additional
eervitude. Three of, the judges, Bald
win. Fem and Torrance, held in effect
that the trolley road Is not in itself an
additional servitude, but may become
such by abuse The effect of the decis-
ion. apparently, is to compel the land
owner to prove such exceptional abuse
before obtaining damages: and practi-
cally the decision seems a. victory for
the trolley companies. though the re-
suit is somewhat indecisive, and the
main question was not squarely met
by the court.
1t is stated that the principle on
which the court divided was the ques-
ton Of the priority of private rights on
the Connecticut highways, the two
judges who favored the trolley servi-
tude holding to the antecedent and
fundamental character of such private
rights, while the three other Judges
held that public and private rights are
equal.
The question of the additional servi-
tude has a number Of times been raised
during the last few years before the
supreme court Of this state but each
time the decision has been evaded. The
only previous decisions date back for
about a third of a century. They are
two in number In the first the SUI
preme court held that steam road
was an additional servitude on the
highway, and in the second case a SUI
preme court judge, sitting in a lower
tribunal, denied the additional servi-
tude of horse railway. Up to the de-
cision just rendered the supreme court
of the state has not passed, as body,
on the question of servitude in connec-
ton with street railway.
YALE HAS APPEALED-GOES TO
SUPERIOR COURT.
Yale university, through it's attorneys
Bristol, Stoddard & Bristol, has ap-
pealed to the superior court from the
action of the board of assessors of the
town of New Haven in adding $685., 102
worth of property to their tax list and
the case has just been returned to
court.
This means that the question of