The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-01-04
SERV ED
With Notice OF
Suit.
TWENTY THOUSAND
The. AID Damnum in Hol-
brook Case.

halfway Company, having IOf the Tune
being escaped from one dilemma, is
now confronted with another. The
opening wedge in the litigation against
the road, which promises to keep the
period, was driven yesterday, wher
Blackmer & Vaughan, as counsel for
the estate of Walter H. Holbrook
served notice upon the officers of the
road that it would be held liable fol
the death Of young Holbrook. The no
tice was served yesterday by Deputy
Sheriff James Early, and if within q
reasonable time no settlement is eff
fected, the matter will be tried in the
courts, in Pursuance of the general
nature Of the notice holding the road
responsible for the terrible accident al
Leicester.
1t Is understood that if action is
brought against the Worcester and
Suburban road, the suit will be fol
$4,000. The Holbrook case was one OF
the heaviest resulting from the acct
dent 1t will be remembered that Hol-
brook, who was a well-known news
paper reporter lived a rev hours after
the accident. He was brought to the
City Hospital where every means pos
sible known to the medical fraternity
were employed to prolong his life, but
without avail. His leg was crushed
and he received internal injuries which
were necessarily fatal in themselves
He fingered until 5 o'clock in the af-
ternoon, when he passed away.
The damages in such a case, where
death is not immediate, are far greater
than if death had been instantaneous
as there is taken into account the suf-
fering, bodily and mental torture
which the victim is forced to endure
before death relieves him
The notice served yesterday upon the
Worcester and Suburban railroad from
the Office of Elackmer & Vaughan, was
in the name of young Holbrool's faith
er, Henry K. Holbrook, who has been
appointed administrator of the boy s
estate. The change in the reports as
to the counsel whom the victims of the
accident directly and their friends
have employed, have been kaleido-
scopic.
At first it was rumored that Con-
gresham John r. Thayer, with City
Solicitor Arthur p. Rugg, had been
retained, and other counsel have been
rumored to have an interest in the
matter, but the rumors have proved
groundless. as yesterday the family
gave out that Blackmer & Vaughan
had been retained in the case.
The settlement of the claims of par
ties injured in the Leicester accident
has already commenced as far as the
Travellers Insurance Company of
Hartford is concerned, the corporation
which takes the risks Of the Worcester
and Suburban road, to the extent of
$40, 600
Yesterday the first batch of claims
were presented and settlements re-
ported with Rev. f. E. Heath, pastor
of the Baptist Church at Spencer and
his wife, and Eben Tucker and wife of
North Broohfield.
The sums at which the claims were
settl were not given out, as the COM
pan5 made the personal request to the
claimants that as they had got their
money they should not say anything
about the amount
Both Mr.. and Mrs. Heath were on
the car, and Mrs. Heath had her nose
broken, and her face and head gem
orally bruised, some Of the injuries be-
ing quite severe. Rev. Mr.. Heath him
self was considerably shaken up, but
did not show the effects Of the accident
so clearly as his wife. Eben Tucker
and Mrs. Tucker of North Brookfield
were both cut, bruised and shaken up
severely.
Daniel f. Gay local agent of the
Travellers Accident Insurance Compa-
ny, was seen late last evening at his
residence on Merrick street. Mr.. Gay
refused to state at what terms the
claims had been settled, and would
neither deny or affirm any facts in
connection with the affair.
At the regular session of the probate
court, before Judge Forbes, yesterday,
the petition of Henry e. Holbrook Of
Leicester for the appointment of him
self as administrator of the estate of
his son, Walter II. Holbrook, was
heard
Blackmer &c Vaughan represented the
interest of Mr.. Holbrook, and the neces-
sary administration papers were grant
ed by the court. Young Holbrook at
the time of his sad demise was. only
10 years of age, and In order to legally
bring the claims as a result of his
death before the courts the appointment
of an administrator Of the boys estate
was necessary.
This action i'll the appointment of Mr..
Holbrook as administrator is prelimin-
airy to the bringing Of suit against the
Worcester and Suburban Street Rail
way Company.
Blackmer & Vaughan have been re-
tanned to represent the interest OF Mrs.
Helen Pfaffman, of 1866 Main street,
this city, and Mr.. Pfaffman.
1t win be remembered that Mrs. Pfaff-
man, who is well known member of
Pilgrim church, was riding on the i'll
fated car, and received severe injuries.
Her foot was crushed and she was
generally shaken w and bruised. The
claims of both Mr.. Pfaffman and Mrs.
Pfaffman have both been placed in
the hands of their counsel, but as yet
no action has been taken.
DIR. ABBoTTs SUCCESSOR.