Worcester morning daily spy., 1898-01-04
AMONG THE COURTS.
A LARGE DAMAGE VERDICT.


liam P. Dwyer of Clinton VS.. the Gin
ton and Leominster Street Railway
Company, which was begun last week,
was given to the jury at the opening OF
court at 10 o'clock. The jury was out
until 4.30 o'clock, when an agreement
was reported, the jury finding for the
plaintiff and assessing damages in the
sum of $2500, which is the largest YER
dict this sitting. The case was an ac-
ton of tort to recover for injuries re-
ceived by the plaintiff while riding on
the defendants road The car was
derailed and the plaintiff, in being
thrown across the car, received such in
juries to his knee that he has been in
capacitated from active work since.
John w. Corcoran, H. Fay for the plain
tiffi Charles j. Noyes for the defend
ant.
OTHER SUPERIOR COURT CASES.
The first case to be taken up was that
of William Hurlihy VS.. William P. Wal
ters. The case was an action of con-
tract TO recover for wages alleged due
The defendant kept a barber shop on
the corner of Main and Mechanic
streets; and, by the claim of the plaia-
tiff in the latter's employ, the defend
ant went to Narragansett Pier for the
summer, and he agreed to take
charge of the Worcester shop, the de-
PENDANT promising him two weeks' va
cation and SIS week. The plaintiff
sued to recover both the SIS a week and
the allowance for the vacation. The
jury was out but short time, and re-
turned with the jury In the Dwyer-Clin-
son case, finding for the defendant. z.
j. Mcmahon for the plaintiff; Sullivan
e O'Connel for the defendant.
The last case of the day was that Of
George H. Mum of Chicopee VS.. Mary
E. johnson, eXecutrix. The case is an
action Of contract, the plaintiff being a
mechanical expert of 40 years expert
ence. He claims that a year ago he
made an agreement with the liver john
son Company to give them his time, at
tention and benefit of his inventive
mind, for the consideration of $4,000 a
year for the period of two years. He
was discharged, and he sues to recover
for the alleged violation Of the agree
nIent, bringing suit against the widow
OF Mr. Johnson. The PLAINTIFFS evil
denee will be continued today. Herbert
drker, S. L. Graves, W. S. B. Hop
kins.
CASES FOR TODAY.
The cases in order for today are as
follows:
2261-Dow VS.. Ark
235O-Wood, treasurer, vs. inhabitants
of Ware.
241O-Clare VS.. N. Y, N. H. & H. r. r.
Company.
2512-Crossman VS.. Sears.
2617-Hardware Publishing Co. VS..
Maynard.
2198-Gleason VS.. Smith.
2329-Riee VS.. FELTON,.
2325-Stowe VS.. FELTON,.
2511--Gillard VS.. Perkins
2555-Eames VS.. Rice.
2556-Eames VS.. Rice, administrator.
255S-Bartlett VS.. Bartlett.
DEFAULTS ENTERED.
Defaults have been entered in the fol-
lowing cases.
2245-Power ct ali, admrs, vs. Ken
nedy,
2246-Power ct ALI, admrs, VS. Ken
nedy ct al.
Entries of neither party have been
made in the following cases:
2316-Cahill VS.. Duff
231S-Cahill VS.. Larkham.
230-Hubley vs.. Highland.
The following case has been passed:
2592-Neadreau VS.. Worcester Con-
struction Company.
MIR. BOYDEN'S PETITION,
The petition of Elbridge Boyden for a
reopening of the court house plan COM
petition received several signatures,
Monday. That presented by Mr.. Boyden
himself has been signed by John c.
Chamberlain, NJ V. B. Jefferson, George
L. Newton, G. Henry Whitcomb, Theo-
dore C. Bates, Charles A. Williams, Ma
thaniel Paine, Frank E. Haywood, S. r.
Haywood and DR. Charles A. Peabody.
al clio oft
at the Board of Trade, but at the Build
ers Exchange there were Peter F. Ken
ney, Michael Kenney William J. Lee,
and Edwin c. Perry. H II. Bigelow is
circulating a petition, which has re-
ceived several signers.
KETTLE BROOK CASES.
In regard to the bearing of the death
of Judge Bennett, dean of the Boston
law school, upon the settlement of tine
Kettle brook cases, City Solicitor Ar
thur P. Rugg was seen Monday after
noon, and said that from advices re-
oeived within the last two weeks, the
T decree of the commission before whom
| the cases were heard had been signed;
and that if such were the truth, the
event would not affect the case at all
| If the decree of the award of damages
| is unsigned, it will probably be neces-
sary to have new nearing before an
other commission, which would be a
| very expensive matter, both for the
! city and the plaintiffs. Judge Bennett
| was chairman of the commission, and
! several Of the important points involved
| were left to his decision and judgment.
4 DIVORCE DECISION.
Judge Dewey has handed down de-
cision in the divorce libel of James W.
Mclean VS.. Florence G. Mclean, both
of Worcester, which was heard at the
last jury-waived session of the superior
court The libel is ordered dismissed.
! Mclean alleged adultery, and the Ii
! belize contested, setting up a counter
/ claim of cruel and abusive treatment.
From the nature OF the case consider
| able attention was attracted. 1t is UNI
derstood that the libellee will now
bring a libel for divorce from her hus-
| band, which Will be uncontested. Frank
! B. Hall, Webster Thayer for the libel
liant; George NJ. woodward for the IL
belize.
A WAIVER FILED.
Della G. Mascroft, widow of John T.
Mascroft of Sutton, has filed a waiver in
1 the probate court in the case of the
will Of her husband. She declines to ac-
cept the provisions of the will, prefer
] ring to take her portion under a dispo-
sition Of the estate as il no viii was
made
DEMURRER OVERRULED.
| In the case of Edward Bates VS.. the
Worcester Protective Association. the
demurrer of the defendant has been
overruled. At the time of the Day fire
the plaintiff claims that he tried to re-
move several pianos and much of his
stock from the store, and that he was
prevented by the members of the fire
department. For this he brought suit
and the case now comes for hearing
l1nnn its naA1.its MiIlianl a Gle fnr