The Providence news. (Providence [R.I.]) 1891-1906, 1899-09-07

Tearing Down Led 10 Suit for Dam
ages in District Court.
BelscSiil, After Long Trial, Was
Awarded SIS BY Judge SyssiIand.

There was quite a long hearing in The
civil division of the sixth district court
this morning a. ease arising from i'm
provemcnts made on building for the
purpose OF using II as a Synagogue on
Gladstone avenue. Abraham Belkow-
liz sued Shmay Kutlor 10 recover Slo0
for damages done 10 his property blythe
negligent way the work OF taking down
a chimney was performed. Plaintiff
claimed that the defendant was the
agcHt of the society that was Co use
tho new synagogue and that the plain
tin proceeded To tear down The chimney
without giving any warning. The de-
fcndart denied that he had anything %
do with tearing down the chimney say
ing his father tC1k down the chimney
for tha congregation.
Mr. BelkoWitZ cold a vivid tale OF fall
inc bricks and mortar running furni-
turc and some clothes and dresses his
daughter was making
Miss BelkOWitz described number ~
dresses she had been 1T work upon with
he. three assistants one Of these
dresses was FOR a bride ana was de-
stroved The plaintiff swOrc three
dresses were worth 500 when recalled
and Mr. MulhOliand counsel Tor ne de-
fendant asked many questions about
the damaged dresses and as 10 what
had become Of them. The counsel got
few particulars The damaged dress that
belonged TO a bride witness sald dld NOT
preyenh a wedding and he was very
sure he paid his rent for the tenement |
and was not given 50 10 move oul |
ahead of the tearing down.
Miss Fisher proved bright ana |
good witness for the plan;in. she had |
left some white material 60 be made |
up and was told by Miss BelkoWitZ 10 |
call ON n Monday 70 have the dress /
tried on. She went t. the plaintih's I
home and found q pile of bricks from |
the chimney on the floor and a lot or
dirt on the noOr. Some OF the dirt had
fallen on the dress she was 10 try on |
ana the material was ruined. The dust
almost choked Miss Fisher and she
hurried to the faucet, but could not
luench her thirst as the water was
ihut of. ON discrimination witness
said plainun lived i'm the down stairs
encment and that the party In the up
stairs tenement was not injured be-
ause they moved before any work was
,egun
jacob Fernberg testified he saw
)t " bricks and mortar on the floor OF
he plaintiffs tenement and saw that
oHlt tItsSeS ana machines were COW \
red with dirt Plaintiff asked witness
hat he would do. One witness admit
'd the chimney was only an iron pipe
p TO the second story.
The defendant took the stand and
as asked IL he tore the chimney down.
Us reply was negative one. on
he said he was not
the premises when the chimney was
rn down He admitted he took the
ntract 10 build the new synagogue:
ther waT denied any one else had
ything to Go with the Job Asked !
ny he had testified he was not pres
whe nthe chimney was torn down
asserted he had not claimed he had
thing TO do with tearing Il down.
ither attorney got much satisfaction !
|. or the witness. His father though
TX the stand and testified he was
hself hired by the COMMITTEES I'm
lrse or the congregation 10 take
sn the chimney that caused 'the con-
Versy ar wage OF 81 per day. The
shI M of the congregation corrobor-
= the testimony OF the last Witness
'use Sweetland gave judgment for l.
.plaintin for 81 and costs. Franls
I'M was attorney for the plaintiff