The Providence news. (Providence [R.I.]) 1891-1906, 1899-07-20
LANDLORD OR TENANT?
Who Pays Water Rates When There
Is no Revision In Law.
Question Before District COuTt-Other
Cases In Civil Division

Judge SWeetland will hand down a
dee sion in the civil division of the
sixth District court one week from to-
day that w.i be OF good deal Of in
terest 20 Landlords ana tenants. Ralph
3. Hamilton hired house I'm which
were no other tenants OF Nicholas shell
don at rent or $1,000 a year lease
being drawn and slgned. In The lease
there was nothing said about the pay
ment for PaWLuXet water. Mr.. Hamll-
ton claimed Alr Sheldon should pay
and Mr.. ShelLon claimed that he simply
let the house. The January following
tha signing OF the lease the water bills
became que and after some discussion
Nlr Shelcon paid them a. Mr.. Hamil-
t,n would not Mr.. Sheldon pad the
hills for five years under protest and he
recently began suit TO recover the
amount fthe bills 50 paid. about S2lt.
There were learned arguments on the
rights OF cenants and landlords and one
attorney said nc had not read all ~
cases on the subj at. which by the way
would have been a prodigiOus task. yet
those he had cad were IN favor OF his
contention.
Frederick G. Sayles sued Theodore V.
Matteson 10 recover SlO0 for the SER
vices of a stallion. There was consid-
cradle testimony heard and it was or
"A conflicting nature. Mr.. Matteson was
positive he told Mr.. Olney AN agent OF
Mr.. Sayles THAI he would pay the 500
only on condition that the service was
satisfactory. Mr.. Olney denied that
such a condition was made but Mr..
Matteson had two witnesses. Mr..
Sayles claimed that the custom was
among horsemen that if the service
was not satisfactory there might be
trial the next season.
Mr. Sayles talked a lot about his
horses and the rules IN his printed cat
alogue Judge SWeetland gave decision
for Mr.. Saylcs for the full amount
claimed.
Another case in which landlord and
tenant disagreed was that Of John Il.
smith vs.. Frederick Wittum. The
former sued the latter to recover SlS FOR
two months rent. Mr.. Smith on cross
examination admitted there was trou-
bic about the freezing OF water pipes
and Mr.. Wittum had presented claim
for their repair. He had a dispute with
Mr.. Wittum about the exact way the
bin for repairs was 10 be allowed. Mr..
Smith claimed ne did not know wheth-
err there was any sickness in Mr.. Wit-
tum's family as the result or the trou-
bic with the pipes.
Mr.. Wttum claimed the night the
pipes were iluL IN WAS the one bl lnS
bl zzard last December and he was late
i'm getting home owing to the storm.
The water pipes burst and though he
made many complaints to Mr.. Smith
'or two weeks Smith did nothing 10 re-
pair them His whole family was taken
iick owing To there be. - no water in
he closea Which witness went once to
protest at Smiths office. he was or
lered out.
Mr.. Smith calimed that Whltten only
lsed the cold weather as an excuse not
o pay rent and 10 terminate the ten
incy and that the freezing of the pa
per was due to the carelessness of
Whitten himself Mrs. Whitten corob-
Drated her husbands story OF sickness
from the neglect OF Mr. Smith
to fix the pipes. She asserted Mr..
Smith refused her personal appeal in
behalf Of her children's health that the
pipe be fixed and told her to get out.
Three days after the pipe was fixed
Mrs. Whitten moved out because she
had been ordered out. though she claim
ed children were not in proper
lealth to move them.
Another family Mrs. Wittum claim
u. moved into her tenement before she
eft it, Mr. Smith denied that any fam
ly was i'm the house the Wittum's oc-
upied il until sevD al months after
hey mover out.
Counsel for Mr.. Wittum said his cli-
mt was willing 10 pay Nnt for one
Month but Judge Sweetland gave deci- |
ion for plaintiff for SIS no costs.