The daily morning journal and courier., 1898-10-05
Superior Court Civil Side- Judge Rora-
 hack.

In the civil side of the superior court | four decisions were rendered yesterday afternoon by Judge Roraback, In the
 case of D. Elliott Burwell against Mar
 garet J. Burwell, petition for divorce
 was denied. The divorce was asked l for the ground of desertion. c. B.
 Matthewman was attorney for the de
 fendant and Judge William B. Stod dard for the plaintiff.
 Damages in $200 were awarded to the plaintiff in the case of Katherine Gal | ligan against the city of New Haven. l The suit was brought on a claim for damages alleged to have been caused | by falling on the sidewalk in front of | the Winchester Repeating Arms Co.'S 1 property.
 In the case of William E. Davis & | Go. against Jonathan w. Chapin, motion made by the defendant to have dissolved an attachment for $1,632.25
 now in the hands of George A. Conant, clerk of the superior court of Hartford county, was denied. In the memoran dunn of his decision Judge Roraback | says that although the money is in the possession of the clerk of the court, yet the title to the money is with the | defendant and may be attached in the I suit of a creditor.
 | In the case of Isidor Freedman against Thomas R. Trowbridge ct al. | the court finds that the service on the | defendant by leaving a copy Of the | complaint with Edward c. Beecher, agent of tho property, against which a foreclosure of mortgage Is claimed, is good
 | The case of the New York; New Ha- ven and Hartford Railroad company against the Fair Haven and Westville railroad, with reference to the use of the tracks on Bridge street which has 1 been recently decided by the supreme court, came up on a motion for judg- ment in accordance with the opinion of that court in the superior court before | Judge Roraback at g o'clock yesterday l morning
 | The case involved a construction of | the statute relative to grade crossings, and also the relative rights of the cor l porations, in condemnation proceedings, l to certain property at or near the | crossing.
 | Lawyers George D. Watrous and Henry Stoddard appeared for the re- | spective parties and were heard with | reference to the decree of the supreme | court.
 There seemed to be difference of 1 opinion among them with reference to | the proper construction to be placed I upon the supreme court opinion. The | matter of condemnation of a certain
 parcel of land near the crossing is in- i volved in the Judgment, according to | the lawyers on both sides, and Judge l Roraback asked them to agree on de- l cree, to be approved by him, which | would include all the issues raised. In 1 the decree there will be an enjoining | order restraining the Fair Haven and | Westville road from running cars over 1 the tracks of the steam road. There was time fixed by Judge Roraback on
 the injunction decree of six months,
 during which the issues raised with ref | erence to the condemnation proceedings must be disposed of.
 1 SUED FOR 5000 DAMAGES. | In the superior court yesterday morn ing the case of Catherine Gilligan against the city of New Haven was
 taken up before Judge Roraback Miss | Gilligan in her complaint states that on December 2, 1896, she received a se- were fall owing to defective roadbed.
 and that she was injured so severely | that she could not attend to her work
 for six months. She also expended S125 | for medicine and medical treatment. She asks for $3,00o damages.
 l United states District Court. l TInited Statps Marshal E c Rishor,