The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-11-30
In AND ABOUT THE COURTS
SUPREME COURT 4NNULS JUDO
MENTS IN MANY CASES.

brewster street crossing Brings In
junction Against the City--Receivex
Asked for by Eastern Chair Company
City Court Cases.
| Besides the decisions of the supreme
court briefly announced yesterday re-
suits were reached on one Hartford
county and two Fairfield county cases,
Judge Hammersley wrote the opinion
in what proves to be the most interest
ing case of all, that of William HI.
French against the town of Waterbury.
The case was tried In the district court
of Waterbury. The defendant objected
to the appearance of the plaintiff S
counsel, Albert p Broadetreet, because
he was deputy judge of the court. The
objection was overruled and verdict
given for the PLAINTIFF. The supreme
court finds no error.
Judge Dow's ruling in the suit of DR..
Sayles VS.. David Fitzgerald executor,
are found to be bad law. Judge Hall
wrote the opinion, all concurring. This
was an action to recover for profession
al services of a physician rendered to
defendants testator, amounting to 1891
The case was tried in the city court
before Judge Dow and a jury.
In the case of william Brennan VS.
Berlin Iron Bridge company, tried In
Waterbury by Judge Shumway, error
is found, the judgment is set aside and
the cause restored to the docket to be
proceeded with according to law. Opin-
T1Jcf oil
curing. The writ OF error asks that
judgment of the superior court be
set aside, the principal error alleged be-
ing the action of the superior court in
sustaining the defendants demurrer
of the complaint. The plaintiff sued
for $4,000.
In the New Haven county case of
Thomas Walsh VS. Thomas Fl. Hayes,
no error is found. Opinion by Judge
Baldwin, all concurring. This was an
action asking for damages arising from
personal injuries to Coleman T. Walsh,
minor. Judge Rora back tried the
case.
Error is found and a new trial grant
ed in the case of Daniel Dore VS.. F. W.
Babcock a New Haven county case.
Opinion by Judge Torrance, all concur
ring. This was an action to recover
damages for injuries to buildings and
personal property Of the plaintiff by a
fire on Grand avenue this city, said
to have been caused by the negligence
of the defendant. Judge Shumway
heard the case. The appeal was made
for alleged errors In the rulings and
charge of the court.
In the case of jeremiah d. Toomey
vs. William H. Conley, tried in the
Fairfield county superior court, no err
ror Is found. Opinion by Chief Justice
Andrews, all concurring.
No error was found In the case of
Victor Ebert vs.. Bridgeport Gun I'm
plement company an action asking for
damages for personal injury. The
plaintiff was injured while operating a
drop press, and was given substantial
damages. Opinion by Judge Hall, all
This case was tried in
county.
In the case of Annie d. Morehouse
administrators, VS.. John I. Throckmor-
ton, an action to recover for services
by plaintiffs interstate, no err
ror is found. Opinion by Judge Ham
Ill CDHcuITlllS. he case WAS |
tried in Bridgeport
No error was found in the Fairfield |
county case of Coughlin VS.. McElroy;
opinion by Judge Baldwin. all concur
ring. This was a petition for a re-
count of the votes cast at the city meet
ng of Bridgeport In April, 1899, for tax
Judge Ralph Wheeler tried |
he case. A recount was ordered and |
t showed the petitioner received 5,031 |
votes and the defendant 5,053. The pc
ition was dismissed The case was APP |
oealed to the supreme court, error was I
'ound and the judge of the superior
,ourt found that the petitioner had 81
'69 votes and the defendant 5,O54 The
petitioner was declared elected
In the New Haven county case of
vs.. Baldwin, judgment sus-
aiming a demurrer is advised. Opinion
~ Judge Torrance, all concurring. This
vas an action to recover money alleg-
ID to have been paid by the plaintiff by
mistake
No error was found in the New Lon
Ion county case Of the G. M. Williams
company VS.. MARS, an action of con-
ract on a writ. Opinion by Judge
Baldwin, all concurring.
Error is found and new trial grant
d in the case of Louisa A. Newton,
xecutrix, VS.. New York, New Haven
nd Hartford Railroad company; opin-
on by Chief Justice Andrews all con-
urring. The plaintiff is the executrix
{ the estate of T. e. Newton of the
own of Orange. This case was over
and taken when a grade crossing was
1t was tried before Judge |
Runway and jury and damages
yere awarded the plaintiff. Appeal was
aiken by the defendant.
The Hartford county case was that
f Lapenta VS.. Lettieri, ct al, which
,as brought in the common pleas court
efore Judge Case for an injunction
nd order of interpleader in respect to
ne title of balance due from the
laintiff on building contract for
rick block. The supreme court finds
rror, the Judgment is set aside and
re case remanded. Opinion by Judge
aldwin, all concurring.
INJUNCTION AGAINST CITY. /
Judge Elmer yesterday morning 6
ranted an injunction restraining the c
ty of New Haven and Director Alex
lder Troup, of the department of pub t
z works, from tearing down, removing {
nd taking away the fence at Bows