The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1900-02-27
In AND ABOUT THE COURTS
NEW SUITS INSTITUTED IN co URT OF
COMMON PLEAS.
Consolidated Road by Guiiford Man
Judge Townsend-CIiy Court Gases.

judgment Tor the commercial Caple
company to recover damages in full
from the owners of the schooner Will
cable company brought suit against
. the owners of the schooner to recover
$4,000 for damages incurred by the cut
ting Of cable in New York harbor
on the evening of December 49, 1888.
Attorney j D. Dewell, jr., counsel for
the defendant, will probably take an
appeal
TheA plaintiffs claimed that their ca
bles N and around New York harbor
has been recklessly cut and broken by
masters of ships and decided to invoke
the aid of the court in putting stop
to the practice.
The company alleges that their cable
in New York ceased working at 7:1o
o'clock on the evening of December %,
1898 The test showed that the break
was near New York, and on the third
of January 1t was discovered that the
cable had been cut in Gowanus bay,
three miles from pier A and one mile
west of the Erie basin. The officials OF
the cable company further learned that
the schooner William H. Bailey loaded
with coal, anchored near the point
where the cable was picked up and
found cut.
The captain and mate of the schooner
swore that they anchored the craft on
the anchorage grounds and inside red
buoy near the navigating line. When
the tugboat arrived to haul the schoon-
er out of the bay it was found that she
could not be moved She had evidently
fouled cable Of some kind and the
tugboat was unable to start her.
| In finding for the Commercial Cable
company Judge Townsend says, on the
point as to whether the vessel Is la
BILE that it is conceded that the vessel
anchored within the anchorage
grounds. The crew was not negligent
in allowing the anchor to become en-
tangled, but after 1t became entangled
the judge says they were guilty OF
either wilful injury or culpable negli-
gence. The court says that the schoon-
er's anchor could have been disentang-
| led without cutting the cable.
The case is one of unusual Importance
for the reason that it Is the only one OF
the kind ever tried in this country Ii
an appeal is taken it will 60 to the Unit
ed States circuit court of appeals, prac-
tically the court Of last resort for ad-
miralty cases. The outcome of the case
will be watched with much interest by
shipping men and admiralty lawyers.
The counsel for the cable company is
William w. Cook, author of Cook on
Stockholders Associated with him in
the case is Attorney George D. Wat
rous of this city.
Suit was begun in the court of COM
mon pleas yesterday by Lucien Beers
of Guilford against the New York, New
Haven and Hartford Railroad company
to recover $1,000 damages for injuries
received at the Union depot in this city
on October 4 last The complaint al
leges that MI. Beers was a passenger
on one Of the company's teams from
Danbury to this city; that the team
stopped at the southwest end OF the |
depot; that because of defects in, the
concrete pavement, he stumbled over +
curb or coping where the place was !
inadequately lighted and dark Mr..
Beers injuries consist of broken left
thumb and a sprained right wrist and |
arm. Lawyer Frank S. Bishop is plain
tiff's counsel.
Two suits are brought by Jacob |
Brodsky of this city against George
Pins One Is an action of SANDER to re-
cover $500. The other suit Is to recover
on two promissory notes of $68 and $57.
George w. Wallace 10 plaintiffs coun-
sci. l.. e. Jacobs is counsel for Pins
and has also taken hand In suing I
Brodsky. Pins wants $500 damages for
false imprisonment
Other writs returned yesterday are as
follows: Fred c. Bradley of New Ha-
ven VS.. Fannie e. Graham of Bran
ford; action to recover $50, brokerage
for sale Of real estate, from judgment
in favor Of plaintiff the defendant APP
peale.
Cornelia H.. Fisk VS.. city of New
Haven; action for $1,000 damages, for
injuries received by falling on an icy
sidewalk in front of Insurance build
Ing on January 80.
Jacob r. Goodhart VS.. Maier Arck
and Myron L. Brown, action Of fore
closure of property on Ashinun street.
o. w. Painter company Of Boston.
Mass. VS.. the George Edmundson COM
pany action on common counts to re-
cover $500.
Thomas F. Cox VS.. Mailer Arick vs.
H. IL. DIOWIlt dCllUu u lUISClOSc llCllo
on property on Ashmun street.
George Foote Of North Branford vs.
Nathaniel Fl. Bishop Of Branford, ac-
ton on note to recover $3.50.
In the probate court yesterday, At
torney ]. B. Ullman, administrator Of
the estate of Hyman Kaiser, who died
suddenly last summer, represented the
estate as insovent The estate Is not !
insolvent, but the administrator has
taken this course SO that commissioners ]
may be appointed to decide on the le-
gality Of certain bills which have been s
presented against the estate. One of
the bills is for $1,000 from Joseph :
Kaiser, a brother Of the deceased, and
the other is from ]. Bodlander for
$500.
Judge Cleaveland heard the motion l
Of Attorney T. J. Fox, executor OF the
estate of Ellen Bohan, to have the re- {