Worcester morning daily spy., 1898-01-08
COURT CALENDAR.
Plaintiff in Home Street Eject
ment Case Gets Verdict.
Cases in Order for Jury-Waved Session
Which Opens Next Monday-A SUI
preme Court Rescrpt.

In the superior civil court before
Judge Bond, Friday, the case of Sarah
A. Gillard VS.. Emma J. Perkins, which
was begun Thursday before the second
jury was resumed, and the jury found
for the plaintiff, assessing damages in
the sum of 5000. The plaintiff alleged
that while she was tenant of the de-
PENDANT, in her house at 10 Home Street,
on March 10. 1897, she came from her
work in a tailor shops and found her
household effects in the yard. There were
two counts IN the case, and both alleged
trespass and conversion. She said she
tried to- get a team that night, to move
away her goods. but she could not find
one, as it was Saturday night. She
learned that the goods were put out by
the husband of the defendant, and she
claimed that he acted under instructions
from his wife. The plaintiff claimed that
as result of the exposure, she contrac-
ted a cold, from which she is yet suffer-
ing. Finally, when she removed a part
of the goods, she left some in the yard.
They were subsequently removed, and
the plaintiff has since learned that they
are at the storage rooms. There was no
allegation that the plaintiff owed any
rent. The plaintiffs explanation for the
ejectment of her goods was that she in
tended soon to move, and that was
known to the defendant, who had ten
ant ready and wanted her to move at
once. The defendant denied any respon-
sibility in the matter. She denied that
she authorized her husband to remove
the goods from the house. Wood & Wood
for the plaintiff; Charles NJ. Thayer for
the defendant.
The last case of the day on trail was
that of Patrick ]. Dowd VS.. John Loft
tus, both of Worcester. The plaintiff,
( who has been a mason's tender. alleges
that he was at work for the defendant
I on June 25th, 1897 and the staging upon
which lie rested fell, precipitating him
TO the ground. At the time there was
some whitewash on the staging, and
1 this scalded him, and he sues to recover
both for the fall and the scalding, alleg-
ing that there had been a defective stag
ing Evidence was presented, and the
case will be given to the jury Monday
morning at 10 o'clock, to which time
court adjourned at o'clock. Thayer &,
Rugg for the plaintiff; Sullivan &
q Connell for the defendant
The trial list remains unchanged.
THE JURY WAIVED SESSION.
The jury waived session of the SUI
per:or civil court opens before Judge
Henry Wardwen Of Salem in the brick
court house. Monday morning. at 10
O'Clock. The docket comprises 81 jury
waived and equity cases, and 81 divorce
libels, eight being contested. The first
10 jury waived and equity cases are in
order for Monday, as follows:
2626-(Assigned) Albert E. Sanders
VS.. Sarah Sanders. William A. Gle;
H. Spencer Haskell, Wood & Wood.
2659-(Assigned.) David W. Tinsley
ct al. VS.. Henry T. Allen J. H. Nc
Mahon; Stillman Haynes.
25O4-(Assigned.) Selectmen of Au-
burn VS.. Norwich and Worcester Rail-
road Company ct ais Thayer and
Cobb; Frank A. Farnham.
11SO-Levi K. Fuller ct al. VS. William
Willard, F. c. Nash; Hopkins, Smith
& Hopkins.
162S-(Assigned) John Avery ct al.
vs. G. A. Mumroe ct al. and tr f. A.
Wyman; e. v. Wilson.
66S-Stlllman G. Whitaker VS.. Emmett
Densmore ct al. Josiah E. Beeman; E.
c. Bates
1795-Marian Cheney VS.. town of
Athol. Henry L. Parker, Jr.; e. Y.
Wilson, G.. A. Torrey.
15l7-Mary H. Sullivan ct ali. VS.. Peo-
| pies Savings Bank ct al Frank p
Goulding, Thomas H. Sullivan; F. ].
Barnard.
2146-Referee Publishing Company VS..
Humber & Co., American. Josiah E.
Beeman; Hopkins, Smith & Hopkins.
2lS2.Charles H. Moulton ct al VS..
John NJ. Noyes Shoe Company A. F.
Butterworth; Long & Hemenway, C. A.
Jewell, William A Gile.
45O-Olive A. Pierce VS.. Maria Lee
Monier ct al Rufus B. Dodge, Jr.:
Hopkins & Bacon, Thayer. & Rugg.
925-Sally B. Clark VS.. Annetta A.
Clark Josiah r. Beeman, Herbert
| Parker; Ira B. Forbes, Kent & Dewey.
2O73-John B. Proulx VS.. Societie de
st; Jean Baptiste. Sullivan & O'Con-
nell; ID. b. Montague, H. A DUBUQUE.
llO5-Agnes A. Mccain vs. James E..
0Donnel. Greene & Archambeault,
Thayer & Rugg; Fales & Mellen
l646--Joseph H. Haskins VS.. Ira c.
Haskins: r. V. Wilson; pro Sc.
ll52-William H. Baker ct al. appts.
vs.. Harry B. Temple. S. B. Taft, Dodge
& Taft; H. S. Hopkins.
REscRIPT FROM SUPREME COURT.
A rescript was handed down from the
supreme judicial court, Friday in the
case of James Carrigan VS.. the Wash
burn & Moen Mfg. Company, the ex-
| ceptions of the plaintiff being over
| ruled, the court holding that ''the
plaintiff must be held to have appre-
I ciated and assumed the risk" The case
was an action Of tort, with an ad dam
mum of $4,000, and was to recover for
| injuries received while in the defend
ants employ in October 1894 at Quin-
sigamond The plaintiff alleged that
he was injured by reason of defective
| machinery, which it was the duty OF
the defendant to keep in repair. The
/ court excluded certain evidence and or
dered verdict for the defendant. and
on exceptions the case went to the full
bench. Henry L. Parker for the plaint-
if; Hopkins, Smith & Hopkins for the
defendant.
PROBATE COURT-FORBES,J .--WOR-
CESTER, FRIDAY, JAN. 7.
Administrators appointed - Martha
Consen, on estate Of Rose Consen
Fitchburg, valuation OF estate $1,000 real
Isabella n sly, on estate of Reuben M
Sly, Shrewsbury, valuation Of estate
$500 real, 400 personal.
Administrators account allowed
Second and final of Lucius Field. or
estate of Rufus Eager, Lancaster, re.
ceipts and payments each 1891. 81.
Administrators accounts filed-Chas
W. Kendall, on estate Of Julia A. Ken.
dali, Fitchburg, receipts S4133. 93, pay.
ments $37SS.2O; first and final of D. f
Evans, on estate of Elizabeth Evans
Fitchburg, receipts and payments eacf
$500
Guardians account fled-Fourteentf
Of G. K. Hadley, guardian of Edna l.
Hadley, Windnam, receipts $1S94.9 pay
ments $14.
! COURT OF observation-disclosures