The Worcester spy., 1898-10-21
the Full
Bench
ARE ANNOUNCED
Exceptions on Edwards and
Hogg Cases Overruled.

The first rescripts to be handed down
from the supreme judicial court in
cases heard before it at the October
sitting in Worcester were announced
yesterday.
In the case of Daniel Edwards, col
ored citizen, against the city of Wor-
cester, in an action of tort with an ad
damnum of $4,000 to recover for injuries
received by an alleged defective high
way on Belmont street, the exceptions
Of the plaintiff are overruled
The jury which tried the case was
out twenty-four hours, and after being
out long period It asked for instruc-
tions from the court, which were Civ
en-, and to which the plaintiff excepted.
Other exceptions were on the admis-
sion of evidence, the plaintiff objecting
to the question asked in regard to the
plaintiffs condition at the time of the
accident, and the answer Of the wit
ness, 81 should think very drunk"
Wood & Wood appeared for the plant
iff; City Solicitor Arthur p. Rugg for
the defendant.
The construction of the will Of the
late P. Emory Aldrich was involved in
the case OF B. e. Aldrich VS.. G. +. AL
drich ct ais. exOrS., and the court holds
that the will Of the late Judge Aldrich
intended to give to his wife an abso-
lutte interest in his property, and did
not give it to her to hold for life with
the remainder for the benefit of the
children. The full bench construes the
will to the effect that after Judge AL
drich gave the property to his wife he
expected that when she no longer need
ed it the property would be equally
divided among the children, but did not
thereby create trust, which was the
claim Of the plaintiff. George S. Taft
for the PLAINTIFF; Charles F. Aldrich, w.
D. Durant for the defendant.
In the case of A. J. Ellsbury VS.. the
New York, New Haven and Hartford
railroad, which was an action Of tort
brought by the plaintiff, a brakeman,
to recover for injuries received while
coupling cars, one Of which was
equipped with the Miller and the other
the Pennsylvania railroad drawbars,
the exceptions of the plaintiff are over
ruled. Judge Hopkins held, in the low
er court, that the defendant company
was not liable, and he ordered a YER
dict for the defendant. taking the case
from the jury. The judgment on the
verdict is now ordered. J. E. McCon-
nell for the plaintiff; Frank p. Could
ing, William c. Mellish for the defend
ant.
The plaintiffs exceptions are also
overruled in the case of F. D. Gleason
VS.. f. G.. Smith, which was an action of
tort to recover for personal injuries
sustained by the plaintiff while in the
employ of the defendant, in Leomins-
ter. The plaintiff was at work at a
wood-tHrning machine, and alleged
negligence A verdict was ordered for
the defendant, to which the plaintiff
excepted. John r. Thayer, Arthur P.
Rugg for the plaintiff; q. P. Pierce,
James A. Styles for the defendant.
In the case of A. w. Weeks VS.. Israel
L. Currier, both of Worcester, which
was a bill in equity to set aside con-
veyance of real estate which Weeks
in exchange for other real estate was
induced to convey, the full bench holds
that the plaintiff has a remedy in
equity and orders a decree for the
plaintiff. John r. Thayer, Arthur p.
Rugg for the plaintiff; Herbert Parker
for the defendant.
The defendants exceptions in the case
of the commonwealth VS.. e. L. Hubley
are overruled. The defendant appealed
from the decision that the city of Wor-
cester has the right to forbid the busi-
ness of collecting, storing and dealing
in rags within thickly-settled portions
of the city, except when allowed by the
granting of a license. The full bench
holds that the city has such a right.
Herbert Parker, George S. Taft for the
plaintiff; William J. Taft for the de-
fendant.
Rr0oIe,a Famous Hand Mechanics