Norwich bulletin., 1909-04-06

Clerk George E. Parsons OF the su-
perior court received on Monday five
decisions from Judge Ralph Wheeler
in cases which had recently been
heard. several Of them involving the
new federal law, and by his decision he
holds it unconstitutional.
In the case of Michael Kelly. admin
istrator, VS.. the New Haven road, the
plea to Jurisdiction which was entered
was overruled.
In the case of Christopher Baldwin,
adm. VS.. the New Haven road, a suit
for $25 900 for the death of a young
man named Baldwin at Midway, the
demurrer which was made by the at
torneys for the railroad company was
sustained.
The demurrer Of the New Haven
road was also sustained ina the suit Of
E. D. Mondou VS.. the New Haven road
which was also a suit for $4,000, Mr..
Mondou having been so badly injured
while at work as brakeman by the
sideswiping of his train by another
that he lost his right hand.
In the case Of William H. Hoxie VS..
the New Haven road, a suit for $4,000
damages, the demurrer OF the New
Haven road is sustained. The plain
tiff was badly injured at Auburn,
Mass, when the train he was working
on DIS DIdhGLldll w DIS QGh ny
and he received bad injuries.
The question which was raised in
the New Haven roads demurrer and
which makes the demurrer of interest
even to the layman is, whether the
interstate commerce act passed by
congress. under which the suit is
brought, IS constitutional or not The
statute was framed and passed at
President Roosevelt's instigation and
changes the relationship of master and
servant in interstate commerce, which
all these cases it is claimed came un-
der. 1t was the contention OF the
counsel To- the defense that the stat
ute IS at variance with the constitu-
ton of the United States, and this
seems to be implied by the decision
OF Judge Wheeler in all these cases.
In the case of Frederic Balmore VS..
]. J. Desmond, adm, ct al, judgment
Is given in favor of the plaintiff to a
decree resting title in him or other
equivalent relief upon the payment of
the sum Of S45725 to the administra-
tor and is entitled to recover his costs.
This was a suit over land in Ledyard
which it was claimed belonged to Mr..
Balmore, but was in the name of Fa-
bien Chevalier at the latter's death.
New Cases Brought.
There are q new cases brought IN
the superior court for trial being re-
turned today. There are two breach
of promise cases and several divorce
suits.
Myra Costello Of Montville sues
Daniel B. Darrow of New London for
$4,000 damages. She claims that they
agreed to marry in a reasonable time
and she confded IN his promise has
remained single and is willing to marry
him. He has refused to marry her,
although she requested him to repeat
edly and especially on October IS, 1908.
August Tinker of Waterford sues
Sylvester z. McCarron of Waterford
for $4,000 for having promised to
mtarry her at a reasonable time after
March 8. 1908. He has since refused
to marry her and refused to in Jan
uary, 1903.
Gena w. Ferguson asks for a d.
Yorce from Henry W. Ferguson of
parts unknown, on the grounds of de-
sertion. They were married Septem-
Der %, 1905. and he deserted her March
10, 1906.
Abbie L. James of New London
wants a bill from Philip A James of
the same city for desertion. They
were married April 20. 1899. She wants
also the custody Of a minor child and
her name changed to Abbie L. Shell
ley.
Ammo Chapel Tooker of Montville
seeks a separation from S. ]. Took