The Newtown bee., 1904-04-22
THE KEATIN0.CAREY CASE.
JUDGE DOWNEs FILES DECISION.

THE BEE, has been decided. The fol- lowing will be found a memorandum of decision:
 Bridget Keating
 Catherine Carey ct al.
 Court of Common Pleas, Fairfield County.
 Memorandum of decision:
 By means of sluice across the high way and through Mrs Carey's fence and ditch and embankment in her lot, the surface water from the high way is at present being conveyed to and discharged at point so near the plaintiffs land that the latter is over- flowed.
 The defendant, Carey, pleads pres criptive right But the preponderance of evidence supports the plaintiffs s claim that prior to the construction of the embankment inside Mrs Carey's fence in 1902 most of the water had flowed to the northeast and spread out over her land. However this may have been it is perfectly apparent that the work done in 1902 has increased the quantity of water flowing upon the plaintiffs and against this increased fiowage the plaintiff is manifestly en- titled to relief.
 That the plaintiffs land situated several hundred feet distant from the highway should be subjected to the burden of surface water disposal is a position not at all tenable. The more serious damage of which the plaintiff has right to complain is the damage of having her land subjected to the flow of this surface water continuously in the future as would be the case un- less relief by injunction is granted.
 It is claimed in behalf of Mrs Carey that since the work complained of was done by her husband, without her di- rection, she should not be held liable
 One may not permit upon his land the existance of something which is who may have placed it there. More over it appears that the work in ques- tion was done in plain view of Mrs Carey's residence; that one of the workmen boarded with her and that shortly after its completion it's existance and the plaintiffs objection thereto were brought to her,attention. The complaint does not allege a cause of action against the defendant town. Paragraph 12 states that the work complained of was performed "by men in the employ of the Town of Newtown and under the direction of Thomas Carey" etc. This is not equivalent to an allegation that the town, acting through its employees, did the work, or that the work was done
 Judgment may be entered for the plaintiff to recover of the defendant, Catherine Carey, $25, damages and costs, with an injunction restraining said defendant, under penalty of $500 from permitting said surface water tC be discharged from her land onto the plaintiffs land, and for the defendant town to recover costs.-[Downs, J.
 The case of James J. Farrell against John L. Hughes for islander was triet J. Curtis in the Court of Common Pleas of Bridgeport. MT Farrel claimed MT Hughes had called him , thief on October 14 last in the Centra house bar room in the presence of Johr Quinn, now deceased, Andrew Fall and M. J. White. As a result h. claimed $2O00 damages. MT Hughe! disclaimed any intention of slanderin1 MT Farrell but did neither admit O deny he used the language claimed Decision was reserved. Attorney c H. Northrop appeared for MT Farrel and Attorney w. J. Beecher for M Hughes.
 Jephthah chapter, o. B. S., had very interesting meeting, Tuesda night, Grand Matron Mrs Elizabetl Sawtelle of SOuthingtOn, Grand PatrOl Edgar N. Baldwin of Wallingford, an, Associate Grand Conductress Baldwin of Wallingford being the special guest of honor. One candidate was initiated after which addresses were made Mrs Sawtell, E. N. Baldwin, Mrs E N. Baldwin, Rev o. o. Wright and A P. Smith. Refreshments were serve and social hour enjoyed.
 The Newtown Baseball Associatio organized for the season at Taylor 7 hotel, Tuesday night. Dr A. L. Schu.
 Ter was chosen manager, J. w. Dayto
 assistant manager, William COStel] captain, F. Reiner assistant :captail
 P. F. Grove secretary and treasure
 and the prospect for successful teal
 for the season of 1904 is good.
 A. F. Glidden, Jr., representing ! = N. Harris X Co. of New York, broker
 was in town, Tuesday and Wednesda
 registering at the Grand Central hote
 The Sandy Hook boys think Cyl
 Tucker is practicing for the Barnum
 Bailey circus. The other day
 backed the horse, "Dan," off an eigt " foot wall and boy, horse and wagon a
 stlli doing business.
 John and Mary McCay, both blin
 will give concert at Glover's ha 0 Sandy Hook, next Tuesday night, Alp 70. 26. The Hartford Courant says:
 large audience attended the music
 and humorous entertainment given 'n. Unity hall, last evening, by John a - Mary McCay. Both brother and sist
 have heen blind since infancy. M
 McCay plays the piano excellently a
 besides has very sweet soprano vol n. Her brother has very fine baritone m very good story teller and posses . all the qualities of comedy act ,I, When it is considered that both hs l.. never been able to see, that they p
 the piano. sing and act with skill a All ability, their entertainment, wh ily consisted of no less than IT numbe
 was remarkable. The solos and du x. by MT and Miss McCay were also gi' nm with exceptional attractiveness. 'oI- concert at New Milford, Mon' ck, night, was enjoyed by more than
 people.