The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-06-07
COURT HAPPENINGS.
New Trial Granted in
DQlan-Coes
Case.
FAMOUS CASE NOT ENDED.
Fourth Trial Given in the
Suit Of O'Malley Against
25 Associates.
FAMOUS CASE NOT ENDED.

Judge John Hopkins Of the superior
court was at the court house yesterday
and gave hearings in several cases.
The first case heard was that Of Jul
liza Dolan VS.. Loring Goes, both of Wor-
cester, on motion for new trial by
the defendants. Col. w. s. B. Hopkins,
Herbert Parker and Sullivan & O'Con-
nell appeared for the plaintiff. The ac-
ton was one of tort to recover for per-
sonal injuries sustained by being run
over by team. The case was tried
at the March term of the court, and a
verdict for $500 was granted the plant
if. Judge Hopkins granted a new
trial
James Harnois VS.. G. H. Cutting ct
ali of Worcester was argued upon ex
ceptionS Of the defendant. This was an
action of tort to recover for personal
injuries. The allegation was that the
plaintiffs leg was hit by pulley block
and broken. Sheehan & Cutting for the
plaintiff and Herbert Parker for the
defendants.
The case of e. T. Smith ct ali VS..
Thomas e. Congdon, all of Worcester,
was heard upon the. defendants ex
ceptions. 1t was an action of contract
to recover for goods delivered. The
court at the march term was asked to
find for the defendant and declined.
Sullivan & O'ConnelI appeared for the
plaintiffs and c. G. Milton for the de-
fendant. Decision reserved.
John H. Mcneil VS.. Henry w. Magee
ct ali case was heard on defendant 8
exceptions. The case had to do with
the title of a farm in Charlton.
Plaintiffs exceptions in the case of
Costigan VS. Warren, Spencer and
Brookfield Railway Company were
heard by the court, and decision re
served. The case was an action of tort
and had to do with personal injuries
sustained while riding on one of the
cars of the defendant company.
Geer VS.. Baylies was motion for a
new trial. This was an action of con-
tract and tried at the March term.
A motion for a new trial in the two
cases of Albert D. Downing and Lulu
NJ. Downing VS.. DR.. James Oliver of
Athol, by the defendants counsel, Col.
w. S. B. Hopkins. was granted. The
action was one of tort, to recover for
alleged improper treatment of the
the plaintiff at the March term In $500
in each case, and the defendant noted
exceptions. J. A Titus and f. p.
Goulding for the plaintiffs, and Col.
w. S. B. Hopkins for the defendant.
A fourth trial has been granted in
the famous case Of Charles H. O'Malley
VS.. the Twenty-Five Associates of Clin-
ton, the last one having been granted
yesterday by Judge Hopkins, the de-
PENDANTS counsel. Jonathan Smith and
F. P. Goulding, petitioning for the trial.
ret trio hold q nj
years ago, and the jury found for the
plaintiff in $3746 and a new trial was
asked for and granted to the defend
ants, at which, by order of the court
a verdict was rendered for the defend
ant, to which the plaintiff noted ex-
ceptions which, when presented, were
allowed, and at the third hearing at
the March term, the verdict was for the
plaintiff in $4,000.
The Worcester Brewing Company
was on the carpet again yesterday, on
motion Of the counsel for the Produce
Exchange Trust Company Of New
York. asking for the delivery of the
company's books to the receiver. The
decree had been previously granted. but
it was issued yesterday. Hopkins
Smith & Hopkins appeared for the Pro-
duce Exchange Trust Company. John
R. Thayer appeared for the defendants
ana appealed from the decision OF the
court, and a hearing Of the case will be
in the fall term of the supreme court
at Boston.
William c. MeIlish appeared for r
P: Goulding, counsel, asking that the
property Of the Hygienic Ice Company
be turned over to the Worcester Brew
ing Company's plant. The property
is now held by Mr.. Mellish, who bought
it at a mortgages sale. Judge Hop
kins refused to entertain the motion
saying that it could be heard at the
jury-waived term, which comes il
Monday, to which court it belonged,