The Providence news. (Providence [R.I.]) 1891-1906, 1898-07-22
CITT NOTABLE.
Decision Of Judge Rogers In Case
Against Pawtucket.
AffIeck Was Injured by Explosion Of Car
Said to Belong to the City.

Judge Rogers today gave judgment
for the defendant for costs In the case
of Thomas ]. Afileck VS.. Frank NJ.
Bates, city treasurer of Pawtucket.
Jury trial was waived and the case was
heard some weeks ago by Judge Rogers
in the Appellate Division.
The suit was an action In the case
for negligence. The plaintiff at the
time of the happening Of the accident
father in Pawtucket next to an unoc-
cupied lot on the corner of Lawn and
Humboldt avenue, there being a fence
between his fathers lot and the lot.
On Saturday, October 30, 1896, the
plaintiff and some other boys were
playing ball in his fathers yard, and
the ball having been batted or thrown
into the vacant or corner lot, the plain
tiff and his brother climbed the fence
To get Ii. While there each found on
the ground cap or fuse used in blast
ing. The plaintiffs brother gave the
primer he found To another boy, who
was IA years old, who placed 1t on u
stone and hit IL with another stone to
explode IL as a percussion cap or a
metallic cartridge would be exploded by
a forcible blow. Pieces of the CAP
struck the plaintiff and produced the
injuries on account OF which this suit
was brought.
Employees of the city had been work.
ing upon the neighboring highways
that week, and We're working there at
the time of the accident, though not
close to the vacant lot. Upon the lot
was a tool box belonging to the city of
Pawtucket which had been placed there
by the citys men for their convenience
while occupied I'm that vicinity, and this
box was used to hold shovels, picks AMI
other road-making utensils. In the box
was shelf. so far down I'm the tool
chest, however, that boys OF the size of
the plaintiff could not reach down TO IL
when standing on the ground. Caps OF
the kind found by the plaintin and his
brother in the vacant lot were kept tied
up in a small box upon the shelf OF the
tool chest. One of the city's men swore
at the trial that he saw the box about
half an hour before the accident, and IL
was tied up tight: that he went of
about 500 yards, and was gone half an
hour, and after the explosion found the
box united and only few caps left In
II. Though the cover OF the tool chest
had been closed. II had not been locaed.
There was no direct evidence that the
caps found by the boys had ever been
in the box i'm the tool chest or had ever
belonged TO the city. and the Inference
that, inasmuch as the caps were like
those the city owned. and that the bon
I'm the tool chest holding such caps had
been tampercd with by some unknown
person. affords the only grounds. his
honor says. for believing the cap found
by the plaintiff ever belonged to the
city.
Judge Rogers in the opinion filed says
that, granting that the caps belonged
TO the city. that the tool chest was pri-
vate property on ground 40 feet away
from the street. the articles kept there
were not OF great value. nor were they
particularly dangerous. as the caps
could not be exploded by taking then,
out Of the chest and the box and ap-
plying percussion TO them requiring
considerable effort. His honor thinks
that an evil disposed person can well
nigh as easily break many locks as to
open n heavy lid. and arrives at the
conclusion that the defendant was not
guilty OF actionable negligence. Even
II the city was negligent. his honor
queries. II the injuries received by the
plaintiff are not too far removed from
the act of the city TO impose a liability
for II upon the city. To his honor II
seems too remote but deems II unncc-
essary to enlarge this phase OF the
case.