The Providence news. (Providence [R.I.]) 1891-1906, 1898-08-18
MRS. M'KAY WON.
Aftsr Long Hearing Judge Sweetland
Gave Judgment For Plaintiff.

The first civil case tried In the Sixth
District Court this morning was that
of Timothy Mckay and wife against
John stephens and wife, The dispute
was as to how much each OF the two
women was entitled Of the revenue re-
ceived from a number of table board
ers at boarding house on Snow street
beginning in April last. The plaintin's
claim was s117.75.
Mrs. Mckay testified that she agreed
to take charge OF the kitchen ana din-
ing room, purchasing all supplies. while
Mrs. Stephens promised to pay her "a
on every table boarder. According to
Mrs. Mckay, she had to pay for her
ovn gas and for the services OF a
kitchen girl and a table girl.
on ross-examination counsel tried
to show that the agreement between
Mrs. Mckay and Mrs. Stephens was
| simply that the latter was to pay the
| former only for board collected. Mrs.
| Mckay persisted in her claim that the
| bargain was the payment or "a Tor
| every table boarder. nothing being said
| about the payment or non payment OF
board. Besides providing for boarders
| Mrs. Mckay was to board four mem :
bers of the Stephens family. one OF
| the latter went to the war with the
! First II. l. W, and So a week was de-
| Quoted from the amount paid her.
During the trial IL was disclosed that
| two families that boarded at the house
did not pay their board. Ii was the
failure of these parties TO pay board
| that led up to severing or business Ties.
Timothy Mckay. husband OF the nrst
witness, corroborated her testimony.
Mrs. Stephens testified she kept the
| harding house at rs Snow street and
let the dining room to Mrs. Mckay, the
boarding rate being $4, Mrs Mckay
taking charge OF the dining room anu
| kitchen and boarding witness famliy
| and chambermaid. Mrs. stephens lei
| the other rooms I'm the house, and she
| was positive she did not guarantee the
| board of any one. The witness salo
boarders were paying about every Day
and there was $l6.25 due Mrs. MCKAY
| for which she had not called, TINS
amount being collected after Mrs. Nc
KAY left. On cross-examination wit
| ness admitted that Mrs. Mckay had tt
feed all she sent to the table. Mr.. anc
Mrs Mckay ran the kitchen and DIN
ing room from April 20 TO July z. Mr.
stevens corroborated the testimony o.
his wife, saying that Mrs. Mckay hat
received S26 the day she left. This Mrs
Mckay denied. Mr.. Stevens admitted
he did not see Mrs. Mckay paid th'
| money -
A boarder named Shepard testified h
,, owed Mrs. Stephen.-s40 for room am
board OF his wife. He also said tha
|. Mckay came to his room and demande'
! the board money, saying Stephens owe
! | him money, and IL witness paid ste
: phens he, Mckay, would never get IT.
Mr.. Mckay was recalled and denies
having ever told Mr.. Shepard not I
pay money to Mr.. Stephens.
!, BY consent of counsel the case wa
! discontinued as to Mr.. Stephens, an
D judgment given him for his costs
Counsel for plaintiffs was given leav
: to strike out the name of Mr.. Mcka
as plaintiff. Judge Sweetlan
: thought, taking all the circumstance
into account, that Mrs. McKay's vel
J; sion Of the affair was the most reason
able one, and he gave Judgment fe
e Mrs. McKav for the full amount OF th
J, claim. J. J. Dockery was counsel ft
the plaintiff.