The Providence news. (Providence [R.I.]) 1891-1906, 1899-08-12
STONES FROM QUARRY.
They Fell on the Easton Summer
Place at MiddIetown.
After Hearing Today The Restraining Order
In Case Was Modified.

There was a hearing this morning be-
fore Judge Tillinghast in the Appellate
court on the motion of the respondents
nthe equity case OF Agnes +. Easton
VS.. William c. Peckham ct al. TO dis
solve a restraining order. When a re-
straiping order is issued on bill in
equity that is sworn to on affidavits
accompanying the bill. the cause is
generally set down for hearing on a
motion for preliminary injunction. In
the case before the court this morning
citation was made returnable on the
26th inst. though the restraining order
was obtained, exparte several days ago.
Because the order interfered with the
large business of quarrying carried on
by the respondents. they thought their
attorney William p. Sheffield, Jr., filed
the motion to dssolve.
Mr.. jerks read the important part of
the bill. showing the falling of rocks
from the quarry OF the Peckham on
the Easton summer nome at Middle
town and the~warnfng OF the Eastons
and their visitors on their own estate
to keep out of the way. as there was to
be blasting done and the blasting oper-
ated as nuisance.
The affidavit of a Miss Stone, who
has spent some time at Mr.. Easton's
residence near the quarry, was read.
Miss Stone deposed that once a big
rock fell near her feet and two children
OF the Easton's had a narrow escape.
Mrs. Agnes Il. Easton, the complain
ant. depossd that rocks Thrown by the
force of blast frequently struck her
buildings and fences and once big
rock struck the lattice work on a pi-
azza and again "A shower of stones tore
chestnut tree and dented the roof
OF a well.
Mr.. Sheffield read a large number of
afiidavits of parties connected with the
quarry 10 show that the operations was
not an INJURY TO the Eatson premises,
and that great damage TO many per-
sons besides the owners OF the quarry
IL the working OF the quarry was stop
ped. Civil engineers depOsed that the
blasting was done in the same manner
in city streets, that dynamite was used
i'm blasting instead OF powder. because
the latter material scattered the rock
on the surface, while the effect of the
dynamite shock was downward. 1t
was shown the respondents had a pay
roll OF $3.50 a week and the president
OF the Middletown town council de-
posed the respondents had large con-
IoT the lONn anu Quiet PARTIES.
Among the witnesses for the respond
ent was Congressman Melville Bull
The respondents claimed Mr.. Easton
had made no complaint in two years.
,reorge Smith, who nakes care of the
Easton premises said he found stones
nthe Easton land in the spring that
came from the quarry. Two years ago
this summer big stone had struck the
house.
Frederick w. Faston. husband of the
complainant. said that the ridge back
of his house where the rocks fell was
valuable for two reasons. First on ac-
count OF its historical association as
Mrs. Easton's ancestors had from the
top OF IL sgnalled TO the American
revolutionary forces. and. secondly. be-
cause Of the view people coming from
Newport to get the splendid prospect
which extended from Gay Head on the
east to Block Island and Point Judith.
Mr.. Easton said the ridge was covered
with loose stone that must have come
from the quarry.
Judge Tillinghast said IL was very
evident both parties had rights in the
matter which should be protected and
suggested counsel agree on some mod
ter some talk counsel agreed 10 try
and act on the suggestion OF the court
The effort was a success and the order
was SO modified that the respondents
may carry on their business and pre-
cautions will be taken to prevent
stones falling on Mr.. Easton's property.