Waterbury evening Democrat., 1908-11-06
COURT CASES
Pryor Claim Not Allowed to go to
 the Jury.

Pryor Claim Not Allowed to go to
 the Jury.
 The non-suiting of the case of the Colonial Trust company as executor on the estate of the late David s. Plume against his son Frank c. Plume is to take a trip to the su- preme court. Colonel Burpee, coun- sel flor the plaintiff was literally thrown on his feet when the court yesterday allowed the motion of non suit It seems that the point on which the defendant won was prac- tically raised on demurrer some time ago and was decided favorably for the plaintiff. An appeal from Judge Bennett's ruling has been taken.
 The case of James Pryor of North Riverside street against Dennis Mur- nane and Patrick Thompson was thrown out of court yesterday after noon. The suit was to recover $5,00O damages for the death of Pryor's two years old son, Thomas, who fell oil the wall in the rear yard of the house into the Naugatuck river and was drowned last summer. The plaintiff contended through hls coun- sel Attorney Lynch that the defend ants, the owner of the property should have put up some protection in the yard for children of the age of the boy in question, but 1t was contended on the other side by At torney Carmody, counsel for the de- fendants that the plaintiff knew of the conditions of the place when he rented 1t. On this ground Judge Ben- net did not allow the case to go to the jury.
 In the superior court in New Ha- ven yesterday the case of Emerson NJ. Hotchkiss against the city was taken up. This case arose out of the railroad improvements along Meadow street. For the property that was taken from the Hotchkiss Paper company, by the city the con- cern was paid, or was to be paid $35,000. MT Hotchkiss contended the concern was damaged to the amount of $75,000. A number of witnesses testified that the buildings taken from the company were worth more than $35 1000. and others said the land alone on which the pro. perty stood was worth $40,000. The case was resumed to-day.
 Mrs Fred L. Miles has lost her case against Pierre c. Cowles execu. tor on the estate of the late Deacon Homer W. Keeler. Judge Bennett in the superior court handed down his decision in this matter yesterday. Mrs Miles claimed she boarded Miss Lucy Keeler a sister of Homer W. Keeler at his request, with the un- derstanding that she was to be paid $500. Mir Keeler refused to pay the claim and his executor MT cowles also refused to pay 1t. It N was shown in the evidence that Miss pKeeler had fear of being sent to hospital, hence her preference for Mrs Miles's house, also that Miss Keeler had given Mrs Miles some $500, but Mrs Miles inferred that was merely present, not payment on her agreement with Mir Keeler. lfhe courts decision was for the de- iendant.
 The cases set down for hearing Iext week in the superior court are Harriet P. Kendall vs Estella E. Luther. administratrix and Jane W. Hotchkiss vs borough of Naugatuck for Tuesday. Kate A. Kelly. admin | istratrix vs the Connecticut Co.,, Wal. ter s. Atwood ys the same and John {Penrose vs the railroad company for l "Wednesday. Mildred Somers vs the | Jeity of Waterbury, Anna A. Cottls 1 Ind Adolph Meiliex. Jr. vs the rail- | z cad company for Thursday.