Worcester morning daily spy., 1898-03-24
COURT CALENDAR.
Two Actions of Tort Before the
Superior Civil Court.
Jury Found for Defendant in One and the
Other viii Be Concluded This Morn
ing-A Suit Against the City.

Stewart Cooney vs.. Francis O'Brien,
both of Worcester, was finished, and the
jury found for the defendant. The claim
of the plaintiff who is boy nine years
of age, was that the dog Of the defen-
dant had bitten him and severely hurt
his body. the defendant denying the
ownership of the dog. Daniel B. Hub
bard for the plaintiff; Sullivan & O'Con-
nell for the defendant
The next case, which occupied the re-
mainder of the day, was that of Mar
! garet O'Brien VS.. the city cf Worcester,
in an action of tort with an ad damnum
of $4,000 to recover, as alleged, for the
death of her children. The PLAINTIFF, the
owner of the house at % Bradley street,
claims that, by reason of the recon-
struction of a certain sewer by the city,
| the sewage was caused to flow back into
the cellar of the house, siAing it with
noxious odors, and also sludge, which
accumulated there. 1t is further alleged
! that this state of things caused the Sc
rious illness of the plaintiff and several
! children, two Of whom died after a pro-
tracted sickness The case will be con-
Guided this morning, when final argu-
ments will be made Wood & Wood for
the plaintiff; Arthur p. Rugg for the de-
fendant.
TRIAL LIST FOR TODAY.
The trial list for today is as follows:
254S-McCaffey VS.. Newail and trs.
Morgan & Stuart; Coney.
24S2-Dewing vs. Norris. Batehelder,
H, Parker; Pierce & Styles, Boardman,
Hall.
2637-Dwyer VS.. Worcester and Subur-
ban Street Railroad Company. Thayer &
Cutting; H. Parker, Milton.
2695-Wilmot VS.. Cutting ct al, Sheehan
& Cutting; H. Parker, Milton.
2551-Cuimby VS.. Banaghan. Thayer e
Cobb; Sullivan & O'ConneH.
121S-Cleveland VS.. Hillner ct al. Gard
per & Gardner: Thayer & Rugg,
1679-Smith VS.. town OF Leicester H.
0, SMITH Blackmer & Vaughan.
2256-MeLean VS., Leomlnster and
Clinton Street Railroad Co, j. w, Cor
coran; Noyes, Fay.
2SS5-Leonard VS.. EARLY. Sullivan &
lO'Connell; Taylor.
Establishments VS., Raymond Jam
dron; Sullivan & O'Connell.
AUBURN GRADE CROSSING.
In the case Of the selectmen of Au-
burn ". the Norwich and Worcester
Railroad Company, which was heard at
the last iury-waived session of the su-
perior court, Judge Hopkins has handed
down an order appointing, by agreement
of counsel, Alfred Sanford of Boston
John f, McCusl1er of Newbryport and
B. T. Wheeler of Boston as commission
ers to formulate the plans for the aboli-
ton of a grade crossing in the town of
Auburn. The case has been of much
Importance to the people of the town,
from the fact that the crossing has
been on one of the main thoroughfares
OF the place, and the commission now
appointed, after an examination of the
ways and means, will report their in
Vest:gations and recommendations to
: the court. Thayer e Cobb appeared for
the plaintiff; Frank A Farnham for the
defendants.
THE LAW LIBRARY APPOINTMENT.
The petition for the appointment of
Miss Fannie Mason as assistant Ii
brarian at the Worcester County Law
Library, has been placed in the hands
of John r. Thayer, and by him will be
presented today to the board of directors
of the ibrary-Thomas c. Kent and
Judge Francic A. Gaskll The petition
with signatures have been published in
; the main, and a strong pressure has
, been brought to bear for the lady's re-
appointment After the petition has
been formally presented by Mr.. Thayer
to the board, they will consider, and VIII
at once or within a few days announce
their appointment Of a successor OF
state the course which they will pursue
SUIT AGAINST CITY.
Suit has been brought in the superior
court by Emily L. Beaudry of Webster
VS., the city of Worcester, in an action
of tort with an ad damnum Of S5OOO
: The plaintiff alleges that While driving
. on Southbridge street last September
: the wheel of her carriage caught in a
defective frog, the wheel was wrenched
off and she was thrown receiving Sc
> we're injuries to her arm, etc The writ
is returnable the first Monday in May
the papers being served by Deputy
Sheriff James Hunt. John B. Scott fol
! the plaintiff.
THE SYNAGOGUE TROUBLE.
|, The progressive party in the Plymouth
: street synagogue, which has been en-
: Joined from proceeding with the work o
5 the transference of the bemo until fur
5 ther order of the court, feel incenset
against both the conservative party anC
2 the rabbi; and member of the congre
| cation said Wednesday that in case tn,
injunction were not dissolved, the!
: would secure a new rabbi for them
: / selves and form a new congregation
J, whose house of worship should have tn
! bemo where it wished But the genera
/ sentiment, even Of the members of tn
> progressive party, was that a settlemen
! would be effected. Rabbi Herman SilVe
2 is at present the head Of the church
u Both the conservatives and the progress
I sive parties held consultations with thei
i counsel Wednesday; but no settlemen
y was reported Thayer & Rugg appear 70
the original petitioners; Gen. Rockwoo,
/ Hoar for the respondents.
= ATTACHMENTS.
i Charles w. Bean VS.. Herbert w. Ham
mond ct ais, Templeton, $4,000, superlo
J. court; writ served by Nichols. E. L. Hi
i for plaintiff.
Charles H. Bean VS.. Avert NJ. Bow
Ie ker ct al, Templeton, $4,000, superio
4 court; writ served by Nichols e. /. Hi
i for the plaintiff.
. George @. A. Bryant VS.. George
4 Wyman. Winchendon, $500, superio
r court; writ served by Callahan. f.
Spalter for plaintiff
a TWO ACTIONS OF. TORT.
Two suits were brought by Charles T
Bean against Albert NJ. Bowker an
against Herbert H. Hammond, both {
Templeton, Wednesday afternoon. Th
cases are actions of tort to recover fc
damages; the ad damnum in each cas-
being $4,000, the writs being returnabl
in the superior court Of Worcester coul
ty the first Monday in May. Deput
Sheriff Nichols served the papers Wee
nesday afternoon r. r. Fill appears ff
the plaintiff.
REPORT, ,IlNaAGT40N OFrG0NTRAC1
Henry L. Parker as auditor in the cas-
of Andrew J. Hill VS.. James p. Cahill {
Worcester, filed his report with the cler