Worcester morning daily spy. (Worcester, Mass.) 1888-1898, 1898-01-06
AMONG THE COURTS.
ME MORRISON CASE.

| Maurice P. Glare, administrator of the
estate of William Morrissey of Webster,
VS.. the New York, New Haven and
Hartford Railroad Company, which was
begun Tuesday, was resumed. William
Morrissey was riding on hand-car Of
the defendant company, in July, 1891;
and, as result of an alleged defect in
the car itself, he received such injuries
that he died within a period of about "a
hours. The case was tried in 1896, I'M
der the employers liability act, and was
taken from the jury at the time; going
to the supreme judicial court on excep-
tions. The exceptions We're overruled,
and the decision of the lower court sus-
tanned. The present action, in detail the
same, was brought under the common
law instead of under the employers liza
bility act. Judge Bond, in making his
decision, said that there was some evil
dence to allow the case to go before a
jury; but that the decision of the SUI
preme court was a bar The plaintiff
took exceptions to the decision of the
court in a second time taking the case
from the jury, and it will come before
the supreme judicial court in a new
form. f. M. Morrison, William A. Gile
for the plaintiff; Frank p. Goulding,
William c. Mellish for the defendant
fOUND FUR PLAINTIFFS.
In the case of Moy Dow vs. Coon
Wah Ark, the jury has found for the
plaintiff, assessing damages in the sum
of $4973. The suit was to recover S45
for money loaned the defendant, and
which the latter declined to pay The
answer of the defendant was that the
debt was a gambling debt, and at that
due through unfair playing at cards.
Wood & Wood appeared for the plant
iff; Gen. lockwood Hoar for the de-
| PENDANTS.
TOWN OF WARE SUED.
The next case was that of Albert
| Wood, treasurer, VS.. the town Of Ware.
The plaintiff, who is the treasurer Of
the Worcester lunatic hospital, brings
suit to recover for the board and care
of Hiram L. Howard, an insane in
mate.
Howard is the son of Thompson How
ard, and was born in Ware about Sc
Years ago. He was educated at Yale
/ college, and in 1854 he enlisted in the
seth regiment He served four months.
and was then appointed chaplain of the
regiment, and so served until the regi-
ment was mustered out of the service,
In 1892 he became insane and was com
mitted to the asylum
The town of Ware was notified, and
paid for mis- board, on the ground that
he had a settlement through his father
Later they learned that Howard had
/ been a soldier and that he had acquired
a settlement in another place This
was in 1895, and after that the town
OF Ware refused to pay further for his
/ support, on the ground that Howard
i having been credited to another place.
for service in the war, that town should
/ be taxed for his maintenance 1t lis UNI
derstood that both Waltham and Bur-
Hngton claimed Howard as a soldier
The records at the state house were in
/ troduced to show Towards enlistment
and service. This action is brought I'M
I der an act Which authorizes the treas
urer of a public institution to bring suit
for the support of pauper against the
town where he has acquired a settle
ment.
/ When Howard enlisted he was credit
ed to Burlington and Waltham Wal
than later waving her rights, although
the fact was not known until the town
of Ware had paid a considerable sum
Tor the support of Howard. Jury trial
in the case was waived. Herbert Par
ker for the plaintiff; J. H. Schoonmaker
for the defendant.
JUDGMENT FOR PLAINTIFFS.
Judgment for the plaintiff by agree
ment filed fas been entered in the two
cases of Lucy Eames vs.. E. Beaman
Rice and George w. Eames VS.. E. Bea-
man Rice, administrator. Judgment
for the plaintiff was secured in the low
er court, from which the defendants an
pealed The case was to recover for
services rendered, and the judgment in
/ the two cases was in the sum of about
$500 Wood & Wood appeared for the
plaintiff; Dodge & Taft for the defend
ant.
OTHER CASES.
The last case of the day was that
of Frank D. Gleason VS.. Freeborn G.
Smith, the case being an action of tort
to recover under the employers Liability
act. The case was opened and will be
resumed this morning at $50, to which
time court adjourned at 4 40 o'clock
| Thayer & Rugg for the plaintiff; Pierce
& Styles for the defendant
An entry o. neither party has been
made in the case of Forest E. Crossman
vs.. Walter H. Sears. Charles c. Milton
for the plaintiff; Thayer & Cobb for the
defendant.
IN ORDER FOR TODAY.
The following cases are in order for
today:
219S-(On triaD Gleason VS.. Smith.
! 2223-Rice VS.. FELTON,.
2325-Stowe VS.. FELTON,.
251l-Gillard vs.. Perkins.
25S5-Dowd VS.. LOTUS
2141-Hanscom VS.. Sawyer.
| 2l42-Hanscom VS., Sawyer
MIR. TUPPER SWORN IN.
Ernest Topper of Winchendon, who
did not take the oath of attorney with
his brother candidates, Friday morning,
has been sworn in and formally admit
/ ted TO the bar
BLACKSTONE VALLEY REPORT
The masters report in the case Of
Abraham Manchester vs. the Blackstone
! Valley Street Railway Company. has
been filed; and by the terms of the
4 document the men who furnished mater
ial and labor for the construction of the
road are preferred in the distribution of
the funds of the road in the hands Of
the receiver, amounting to about S25 90.
The amount of these claims is about
$4,000. They are as follows:
4 Hodges q Harrington, $20S; Domer
& Dutton Manufacturing Co., SOL; St.
Louis Register Company, $751;; New
ton Electric Heating Co., $105: Har-
rington, Robinson & Co., 1854; P. S.
Casserly. 1857; Webb Granite & Com
struction Co, 1854; Neal Electric Head
light Co.. $S4; F. E. Perkins, S2l5; ]. A.
Courtemanche, $765; American Tele-
phone and Telegraph Co, 1894; Desmond
+ t. & c. G. Co., $1722; American Electro
cal works, s5473; Barbour, Stockwell Co,
1918
He further finds that the town of
Suttons claim of $50; that of P. w.
Patstom, $3.50, and Charles Fl. Miles, $40,