The daily morning journal and courier., 1899-06-05
SUPREME COURT DECISIONS.
Handed Down at q Meeting of the
 Judges in Norwich.

Ildldeu DOWH at MeelllS Ol lHe Judges in Norwich.
 At q meeting of the judges of the
 supreme court held in Norwich, on Fri day, the following decisions were hand- ed down:
 The Central Railway and Electric
 company of New Britain against the
 New York, New Haven and Hartford
 Railroad company. This case was
 originally brought before the Hon.
 John M. Thayer, judge of the supe-
 rior court in an application for a find
 ing that public convenience and neces-
 sity required the construction of an elec-
 tric railroad between Plainville and
 Southington, parallel to the steam rail-
 road of the defendants. This electric
 road was to connect with an existing
 road. Attorney F. D. Robbins, who ap-
 peared for the New York, New Haven
 and Hartford Railroad company raised
 the point that as the company, which
 was III eAlotelICe WHel the general as
 sembly gave the Central Railway and Electric company a charter to make the
 extension, in case it was found that public necessity convenience requir-
 ed it, has ceased to exist and has been
 superseded by another company, the
 charter, so far as that extension was concerned, had become void, and that the judge had no Jurisdiction. Judge Thayer overruled the objection of MT. Robbins and found that public conVen-
 fence and necessity required the laying of the electric railroad in accordance with the application. MT. Robbins took an appeal to the supreme court, before which the case was argued May 4 1899, by MT. Robbins for the appellant and Attorney F. l.. Hungerford and Judge Marcus H. Holcomb for the Central Railway and Electric company. The supreme court finds no error and sus- tains the decision of Judge Thayer. Opinion by Judge Hamersley.
 No error was found in the case of Malcolm F. Lord against Joseph La monte. This was an action to recover $500 for personal injuries claimed to have been caused by the negligence of the defendants servant, Michael Miale. The case was tried in the city court, before Judge Morse, who gave judg- ment for the defendant, Lamonte. From this judgment the plaintiff, Lord, took an appeal to the supreme court. The judgment of Judge Morse is sustained. Bill & Futile for the plaintiff and At torney James J. Quinn for the defend ant. Opinion of the supreme court by Chief Justice Andrews
 Ezra M. Horton, administrator, against George H. Upham and others. This was suit to determine the con- struction of the will of Jonathan C. Up- ham, late of Union, deceased, brought to the superior court in Holland county and tried before Judge Ralph Wheeler. l Upon the facts stated in the complaint | and answers the court rendered judg | ment sustaining in the main the claims of the Congregational Ecclesiastical so- ciety of Union and Arthur H. Upham, | aother legatee and devisee. An ap- peal was taken for alleged errors in the rulings of the court. The supreme | court finds no error and sustains the | judgment of Judge Wheeler. Attorney | Elliot B. Sumner and Judge Huber | Clark for the appellant, Arthur H. Up | ham and Attorney Joel H. Reed for the | Congregational Ecclesiastical society. The opinion of the supreme court was written by Judge Baldwin.
 Edwin N. Hubbard against the New York, New Haven and Hartford Rail- road company, This was an action for damages for the destruction of two ice houses by fire claimed to have been by locomotive of the brought to the superior court in Middlesex county and heard in damages before Judge Shumway Judg- nen was rendered for the plaintiff for nominal damages only. The plaintiff ook an appeal for alleged errors in 'ulings of the court. The case was lrgued before the supreme court, May [, 1899, by Attorneys Hiram R. Mills lnd Wesley U. Pearne for the appellant md Attorney Clarence E. Bacon for the New York, New Haven and Hartford company. The court found no rror and sustained the judgment of udge Shumway Opinion by Chief Jus ice Andrews.