Norwich bulletin., 1910-05-06

residence and occupa ation, testified that he was TO years of age May 12, had i lived in Westerly 70 years, was farm | CT, dealt in horses and cattle, and had | bought, sold turkeys and given away l a few of the very best. He had known 1 the Conway property for sixty years; l it was located directly opposite a pond 1 owned by witness. He said that when
 the pond was filled to overflowing the
 natural outlet was on the Conway | property and that of course when there 1 was heavy rain more water than usual went in the Conway property. Mrs. l Conway had called his attention to | the driveway between two of her hous- es, which had been quite badly wash
 ed away by-water from the highway.
 More water goes on her land since i'm highay than before. The Conway 1 property is very low and swampy land.
 When the testimony for plaintiff was i concluded, Attorney Barney, of coun- , sel for town, asked that the jury be requested to leave the court room, and | Judge Lee gave the jurors a brief re- l cess in the custody of the court off cerS.
 | Attorney Barney made a motion for l non- suit, which Judge Lee granted. | MT. Barney claimed that the plain l tif's own testimony does not even support the declaration in any way. | The declaration says that water was ! turned on to the Conway premises by the cutting down of the highway and | by the digging of holes beside the | highway, and there is no evidence whatever to support the declaration. Mrs. Conway when she built the sec | ond house and driveway prevented the water from going in the same way as l before and that it was her own fault | if the water had been changed from the natural course to flow on her land at more than one point
 Attorney Rathbun said the declara- tion was not confined to the cutting down of the highway, but declared the damage to have been caused by 1 change of grade in the highway, as well and quoted authority in support of his claim.
 Judge Lee stated that the authority quoted was based on the collection of water from a wide area by reason of change of grade, but in this case there was no collection of water, which comes down both hills just as it did
 before the highway was improved, and comes down and goes on to the land
 of plaintiff. The judge said the town of Westerly was entitled to non suit,
 and council for plaintiff filed excep-
 tion.
 1" At the opening of the afternoon ses-
 sion Of court the case or Salvatore
 Saiameno against Frank w. Coy was
 called for trial, Judge John W. Swee- ney appearing for plaintiff and Attor
 neys Burdick and Davis for defendant.
 This is an action for damages caused
 by collision between a vehicle driven
 by Frank w. Coy and one driven by
 Joshua R. Rober, the plaintiff being in the latter's vehicle. The collision occurred in Elm street, between 6 and
 7 o'clock on the evening of November
 last The declaration states that
 the collision was due to the careless and reckless driving of Mir. Coy, who
 T aa+ arz 7n 7-iey hf of h
 ter of the road and was driving at a speed beyond the regular travelling pace. It is claimed that Salameno was severely injured and has been un-
 that time and is ents1ed to substan
 tial damages. Two other men in ~e vehicle with Salameno at time of col
 tision were also injured, but their
 claims are not under consideration at
 this time. The following named ju- TOTS are empaneled for the trial of the
 case:
 Horace B. Northrop Lowis Anthony.
 Charles F. May, Andrew R. Peck. Al bert R. Clarke, South Kingstown; Ed win c. James, North Kingstown; Thomas Breen Charles Craig, Wester- 1y; Herbert Wilcox of Charlestown; Harry G. Kenyon, Ernest A. Boss Of Hopkinton; Herbert F. Kenyon of Narragansett.
 Joshua R. Robar testified he was a farmer in the employ of s. J. Reu- ter & Son, and was on Elm street No- Vember 4, in a two-seated canopy-top wagon, with one seat removed. Wit ness was driving and Salvatore Sala- memo was on the seat with him. He saw a vehicle coming towards him very rapidly, the horse being driven by Frank w. Coy. Witness shouted to Mir. Coy to turn out" and witness drove his horse upon the sidewalk to the right, the vehicle being close to the curb. Then there was a collision and both vehicles were overturned. MT. SalamenO was thrown out with the thrown from his vehicle. All were in- jured.
 On czpss examination, Mr. Robar said there were two men and pig in the wagon with him, and that one of the men was Salameno Did not know the driver of the other horse was MT. Coy until after the collision and then MT. Coy was lying apparently was positive that Salameno was thrown out, but could not tell whether he struck on his head, feet or side. Witness himself was thrown under the wagon and Salameno helped right the vehicle and get witness out When witness first saw the vehicle coming towards him he supposed the driver was Louis Reuter-, but he afterwards knew the driver was. MT. Coy when he saw him in the road. At the time of collision the horse MT. Robar was driving was going at the rate of about three miles an hour. while MT Coy was driving at a three minute chp.
 Mir. Saiameno, the plaintiff, testified that he had lived in Westerly nine years, and was a laborer, earning $1.5O a day. He had known Mir. Robar four years and was with him at the time of the collision, and George Sanco was also in the wagon and the pig The two wagons came together and the oc-- cupants of both were thrown out. Ro- bars wagon was close to the curb on the right side of the road and was moving slowly when the collision oc- cured. The other horse came towards them very fast and could not be stop ped by the driver. Witness said he was not injured very much but was hurt on both sides but he had to go 1 60 work, although not able. for fear he l would lose the job. as Robar could not l work. Two or three days after the rniShan his mains