The Newtown bee. (Newtown, Conn.) 1877-current, 1903-12-25
THE CAREY-kEATlNG CASE.
CONTINUED FROM PAGEFOUR.

CONTINUED FROM PAGE FOUR.
The Carey Heating case was resum.
ed on Wednesday before Ju dye
Downes.
John Evarts thought it would cost
about S75 to repair the wall to the
barn cellar, figuring labor at $3.50 per
day.
Asa H. Hawley has worked the
highway in that neighborhood and
never saw a ditch inside Of the stone
wall or next to the division fence.
Charles B. johnson moved the Ca
rey field about seven years ago. No
ticed no ditch near the division fence
and the general lay Of the Carey field
slopes from either side to the center
and to the northeast.
Henry Slater helped dig the ditch IN
September, 1902, and found old rub
bish in the ditch as dug. Was told by
Carey to dig ditch two and one-half
feet wide and same depth. The wall
under the barn had fallen in some at
that time. Mr. Carey hired me and
the town paid me for my work. Mr.
Carey was not around while we were
at work.
Charles o. Brown, first witness for
the defense, drew a plan of the Carey
premises for the defendant. Lowest
point in center of highway is rs feet
north of Heating corner and opposite
old hole in the wall. There is q feet
fall from center Of highway to Keat-
ing barn the ditch is two and one
quarter feet lower than the bottom of
Darn cellar. The center of ditch is II
feet north from Heating barn at the
west corner. The land all slopes from
Heating fence toward the ditch. The
ditch is about two and One-half feet
from fence and from two to eight feet
wide. The hog pen is four feet above
hollow of ditch and a heavy bank wall
is between the ditch and division line.
The bottom of ditch is hardpan. Bank
wall looks to be an old one. Land
east Of barn is low. The division
fence leans toward tile Heating pro-
perty.
Daniel W. Mcnamara was born on
the Carey place. The water on high
way as long ago as l can remember,
came from north OF the house. to
point near Keating'S corner. Water
from south used at times to run north
and sometimes ran through Mrs keat-
ing's door yard. l have Seen wash
from road block Mrs Keating's gate SO
we had to take them off to get into the
yard. Mrs Heating had ditch from her
house on to the Carey property. This
drain was changed about Is years ago,
so that it now opens on her own land
northeast OF house. The water has al
WAYS run in it's present locality except
what leaked through the wall. The
disposition of the water has been
bone of contention for 30 years or more
Mrs kcating's barn is shabbily con-
structed and have backed a load of
Ray up to the door to unload as barn
floor was not safe to drive on TO. lex
amined Heating barn wall two weeks
ago The bottom OF wall is in good
two feet up it is bulged.
q Ground slopes from highway towards
barn and from house to barn. The wash
of road accommodating on keatings
land east of Carey's lot has greatly i'm
proved. No cement or plaster was
ever used in the construction of barn
cellar wall. A bank wall north of
X eating barn was built to protect the
barn. This wall is from eight to l6
feet in height and was laid up in bust
ness like manner. Three years ago |
notified the town, through G. Fl.
Northrop, to take care Of surface Wa
ter there as it was damaging the land |
travel is safer there to-day |
than it was two years ago as water |
runs inside of fence. Am 40 years old |
and have lived in Danbury for 20 years.
do trucking and contracting in con- |