Worcester morning daily spy. (Worcester, Mass.) 1888-1898, 1898-02-10
SUPERIOR CIVIL COURT.
Verdict for Plaintiff in Case of Sadie F.
leary VS.. the City.

In the superior court, before Judge
Bond, Wednesday, the case of Sadie F..
Leary VS.. the city of Worcester was
given to the jury, which returned a YER
dict for the plaintiff, assessing damages
in the sum of $2500. The case was an ac-
ton of tort with an ad damnum of $4,000,
to recover for injuries received through
defective sidewalk on Sturgis street.
While the plaintiff was walking on this
street, June Is, 1896, she stepped into a
hole and, in falling, received a severe
sprain, and her injuries resulted in a
displacement of the womb and a de-
rangement of the system Wood &
Wood for the plaintiff Solicitor Arthur
P. Rugg for the defendant.
The next case to be taken up was that
| of Joseph Lavigne VS.. William FaucheI
ct al. of Worcester. The case is an ac-
ton Of contract to secure the enforce
ment Of a mechanics lien in the sum OF
$176, alleged due for labor on Houghton
street last year. The case was given t.
the jury, which had failed to agreee al
the adjournment of court at $50 o'clock
Charles j. O'Hara, William A. Gle fol
the plaintiff; Burton W. Potter for the
defendant.
The last case of the day was that oil
OOoODll 1S0ldlI W.. JOln \. oDlGIS, II
which a motion for a new trial by the
defendant was argued The jury hao
previously found for the plaintiff, and
| the motion for a new trial was on the
ground that the verdict was contrary tC
| the evidence and weight of evidence
John w. Sheehan appeared in opposition
| to the motion Judge Bond reserved his
decision. John W. Sheehan for tht
plaintiff; Herbert F. Parker, Charles c
Milton for the defendant.
| In the case of John Livingstone oil
| Worcester VS.. Harriet N. Bosworth o.
Boylston, in an action Of contract to re
cover on real estate conveyance, set
| Element has been made. alt was alleged
| that when the property was bought by
| the plaintiff, the defendant stated thai
4 it was unineumbered, and that aftel
the purchase the plaintiff found thai
there were membranes, the defendant
not fulfilling the term of the transac
/ ton, as alleged. An entry of Judgment
/ for the plaintiff i'm the sum Of $40, with
out COSTS was made. c. F. Stevens APP
peared for the plaintiff; Henry H. Har
ris for the defendant.
| The list remains unchanged.
PROBATE COURT PETITION.
| In the probate court Wednesday
Percy G. Bolster of Boston filed a peti
ton against Myron D. Brooks, admins
TRAITOR of the estate Of Caleb C. Field o.
Leominster, alleging that he has goot
cause to suspect and does suspect tina
said Brooks Of Boston has fraudulently
received, concealed and conveyed rea
estate and certain articles belonging t.
said estate of Caleb c. Field. The com
| paainant is successor to Myron d
| Brooks as trustee, and the date of tn,
hearing on the matter has been assigned
for March 1. H. j. Boardman OF Boston
for the petitioners.
HOLMES APPOINTMENT OPPOSED
The appointment of Summer Holme.
of North Broobfield as administrator o
the estate of the Newtons who wer,
murdered by Paul Mueller, is opposed
on the ground that the petitioner is to,
nearly related to the parties. The cues
! ton. to be determined at the probat,
! court is which of the deceased was tn,
first to die and when this is decided. tn,
| formal hearing ON the appointment, o
administrator will be held Timoth,
| Howard for the petitioner; Charles M
| Thayer for the contestants
CLAIMS FOR PAYMENT.
Several men who have been employee,
by the Boston and Albany Railroad il
shoyeling snow during the recent biz
zard, have placed claims in the hand
of John r. Thayer, alleging that they
worked from so to 70 hours each durinj
the past six days, at tine rate of 10 cent
per hour, and that they have not beef
paid for full time. 1t was reported tina
negotiations for an amicable adjust
ment were made and that the matte
will be settled today.
JURY-WAIvED SESSION.
Judge John Hopkins of Millbury viii
preside at the February jury waived SEES
sion Of the superior court, which open
in the brick court house Monday morn
! ing at 10 o'clock. The docket comprise
sixty-three jury-waived and equit.
cases, and 20 divorce libels, of which fiv
are contested.
The following fifteen cases are in or
| der for Monday:
| 1850 (Assigned)-Full ct al. vs.. VIII
ard Nash; Hopkins, Smith & Hopkins.
215O lAssigned)-Howard VS.. Henry