Worcester morning daily spy., 1898-02-09
COURT CALENDAR.
Cases Entered at Return Day in
Superior Court.
Verdict for Whitins Machine Works-The
Bacon Estate-Probate and Insolvency
Court Matters.

Albert H. Plimpton, Hollis w. Cobb
and Samuel A. Pratt, all of Shrewsbury,
$4,000. This is an action of tort
against Herbert H. Maynard, executor
Of the will of Thomas Rice of Shrews-
bury, for alleged breach Of the condi-
tons of his bond. 1t is alleged that he
has failed to administer according to
law and the will of the testator, all Of
the personal estate which came into his
possession as executor, and also the pro.
ceeds of the real estate of the testator,
and that he has failed to render upon
oath a true account of his administra-
ton. Robert Morse and Charles E. Hell
lier for the plaintiff.
Daniel Edwards VS.. city of Worcester,
$40, 900, an action of tort The allega-
ton is that the plaintiff, Aug. 2S, 1897,
while driving on Belmont street, this
city, was thrown from his carriage by
reason of a hole or ditch in said street.
That the plaintiffs leg was crushed and
broken so that it had to be amputated
near the body. Wood & Wood for the
plaintiff.
Hannah NJ. Donohue VS. Daniel l..
Lamson, $5000 The allegation is that
the defendant promised to marry the
PiaiilllL, puI mas ueluSeu 10 perform MS
promise Sullivan & O'Connell for the
plaintiff, 1t will be remembered that
the attachment was laid following the
defendants marriage to another party,
and was Immediately preceded by his
suspension from the police force.
Serene E. Fay VS.. John p. B Wells,
both of Athol, $4,000, an action of con-
tract, to recover money alleged to be
due on a certain promissory note.
Quinsigamond Lake Steamboat Com
pany VS.. Phoenix Insurance Company,
Hartford, Conn, $4,000. An action to re-
cover money alleged to be due under
conditions of certain policy issued by
the defendants. William A Gile and
Frank H. Kelley for the plaintiff
The Quinsigamond Lake Steamboat
Company VS.. the Phoenix Insurance
Company, Brooklyn, n. Y, $1,000 An
action to recover money alleged to be
due under conditions of certain policy
issued by the defendants. William A.
Gle and Frank H. Kelley for the plain
tiff
Home National Bank, Milford, vs..
John B. Fitch, Westboro, $4,000, an ac-
ton of contract, to recover money al
legged to be due on a certain promissory
note. Clifford A. Cook for the plaintiff
Glen Cove Machine Company VS.. Ar
thur F. Tyler and Thomas H. Good
speed, both of Athol, $500, an action Of
tort. The allegation is that the defend
ants have converted to their own use a
certain machine, the property of the
plaintiff Charles r. Darlin for the
plaintiff.
The Charles Baker Company VS.. Geo
H. Putnam, City National Bank trus-
tee, 1882, an action of contract. The
plaintiff alleges that the defendant guar
anteed the payment of all bills for lum-
Der contracted by one Daniel Braney.
City of Worcester VS.. Worcester and
Shrewsbury Street Railway Co., $1,000,
an action of contract, in which the
plaintiff alleges that the defendant owes
plaintiff $2o3 A. P. 'Rugg for the plain
tiff
-Four cases by Charles M. Thayer, ad-
ministrator of the estate of Nathaniel
r. Taft of Oxford, follow: Charles M.
Thayer VS.. Zacharias H. Hubley, seek
ing to recover on seven promissory
notes alleged to be due TO estate Of n.
E. Taft; Charles NJ. Thayer VS.. HubIev
Manufacturing Supply Co., an action to
recover the amount alleged to be due
on one promissory note of S217; Charles
M. Thayer VS.. Annie H. Hubley, an ac-
ton to recover money said to be due on
two promissory notes of $500 each:
Charles M. Thayer VS.. Alice B. Hubley,
an action to recover amount said to be
due on four promissory notes, the
amounts Of which are 5000, 1884. $500 and
$780,
SUPERIOR COURT CASES.
In the superior court before Judge
Bond, Tuesday, the case of James
Trimble VS.. the Whitins machine works
was resumed, and after the completion
of the PLAINTIFFS evidence, on motion of
the defendant, the court ordered a YER
dict for the defendant, which was re-
turned by the jury The case was an
action of tort with an ad damnum of
$4,000, to recover for injuries alleged to
have been received while in the employ
OF the defendant. The plaintiff was
loading machinery ON the cars at North
bridge, when the car tipped and the
plaintiff fell backward, sustaining seri-
GUS injuries as claimed The time of the
accident was Oct. %, 1896. Sheehan &,
Cutting for the plaintiff; Frank B..
smith, w. S. B. Hopkins, Jr., for the
defendant.
The next case, which occupied the re-
mainder of the day, was that of Sadie
F. Leary VS.. the city of Worcester, be-
ing an action of tort with an ad dam
mum OF $4,000, to recover for injuries re-
celYed through an alleged defective side
walk on Sturgis street, June 49, 1896
The claim Of the plaintiff is that while
walking on Sturgis street at $50 o'clock
ON the evening of June IS, she fell
through hole that was in the side
walk, sustaining such serious injuries
that she suffered a sprain of the ankle
and a displacement of the womb and
general arrangement OF the system
fhere was a large delegation Of the
medical fraternity, several of whom
gave testimony, among them being DR.
wesley Davis, DIR. Samuel B. Wood
ward, Dr. L. f. Woodward and CITY
Physician William T. Clark. The evil
dence on both sides was presented. and
after final arguments, the case goes f.
the jury this morning. Wood & Wood
for the plaintiff; Arthur P. Rugg for
the defendant.
The following cases have been con
tinued:
Generally:
517-Rawitzer ct al. VS.. McWillams
Blackmer & Vaughan; Wood & Wood
March,
Robinson VS.. Hall. Harding;
Wood & Wood
2491-o' Brien vs.. city of Worcester
Wood & Wood; Rugg.
IN ORDER FOR TO-DAY.
The following cases are in order for
today:
27O8 ION triaD--Leary VS.. city of Wor-
cester. Wood & Wood; Rugg.
ITO = Livingstone VS.. Bosworth
Stevens; Harris.
2O26-Lavigne VS.. Faucher ct al.
O'Hara Potter
2O43-Cameron VS.. j. ]. Warren Com
pany. c. f. Stevens; Harris.
264S-Keevan VS.. Walker ct al. Rati-