The daily morning journal and courier., 1897-11-06
SUPREME COURT DECISIONS
4 BATCH OF THEN HANDED DOWN
 IN BRIDGEPORT.

Brook Case-Philadelphia and Reading
 EmpIoyes Win-Other Cases.
 The supreme court, sitting in Bridge port, handed down a. number of decis- ions to Mr. Andrews, the reporter of the court, Wednesday afternoon.
 Perhaps the most important decision is that in the case of Patrick Nolan of Newington against the city of New Britain. It involves the right of New Britain to pollute the water of Piper Brook by allowing it's sewage to flow through it. The city of Hartford is Some time ago the same question was before the court in the case of Henry Kellogg against New Britain, but the court in it's decision did not settle it in all it's phases. Whether it has done so in Nolan's case cannot be stated un- til the memorandum of the decision is seen.
 The superior court allowed Mir. Nolan $2,000 for the damage to his land caused by the overflow of Piper Brook. From this decision the city of New Britain took an appeal to the supreme court and the appeal was argued last May by Perkins e Perkins for MT. Nolan and by Corporation Counsel F. l.. Hun gerford and Attorney John H. Kirkham for the city of New Britain. The su- preme court finds no error, thereby sus- taining the decision of the superior court.
 There are six other suits pending against the city of New Britain, and the trial of them depended on the de- cision in the case of MT. Nolan. They will be now pushed for trial The plain tiffs in four of the cases live in New ington and they have retained Perkins & Perkins as. their attorneys They are the Rev. Jared Starr, M. L. Stod- dard, George W. Seymour and John M. Belden Attorney Sidney E. Clarke is the attorney for George Chidsley of Newington who has also brought suit against the city of New Britain to re- cover for damage to his property by Piper Brook. Perkins & Perkins have dlSO brought SQlL 4SCW l'lieSt in behalf of Isaac E. and William J. filling of Berlin to recover compensa ton for damages to their land caused by the overflow of the sewage in a stream that runs from the southeast part of New Britain through Berlin.
 In the case of the Guarantee Trust and Safe Deposit company against the Philadelphia and, Reading railroad no error is found, and the decision of the superior court is sustained. This suit involved the payment of an increase in the wages of the engineers and firemen employed on the railroad. It will be re- membered that the employees some time ago petitioned the superior court for a restoration of wages which had been reduced by Receiver Sherwood. Judge Elmer granted the petition, the restora- tiOn making an increase of from 12 to IA per cent in the wages of the men, Gross, Hyde & Shipman, for the receiv- CT. took an appeal on the ground that the superior court could not order restoration of wages for work perform ed outside the state, the contention of the receiver being that while he could pay the men at the restored rate while they were in Connecticut, the moment their trains crossed the state line they would begin to work at the reduced rate. The supreme court finds no error and sustains Judge Elmer, thereby re- storing to the men their old rate of wages. Buck & Eggleston were coun- sel for the men. Opinion by Judge Hamersley.
 In the case of Owen R. Havens' ap- peal from probate no error is found. Opinion by Judge Hamersley. Judges Arthur F. Eggleston and A. c. Bill ap- peared for MT. Havens, whose cause is sustained, and Attorneys H. c. Robin son and F. l.. Hungerford for the will of the deceased.
 In the case of Julia Aliens appeal from probate error is found and the de- cision of the superior court is reversed. Judge J. H. White of Hartford was ap- pointed trustee of the. estate. An ap- peal was taken to the superior court by Perkins & Perkins in behalf of Julia Allen. Judge Elmer set aside the de- cision of the probate court. Attorney c. E. Gross appeared for Annie P. AL len.