The Bridgeport evening farmer., 1911-12-20
LARGE vERDICTS AGAINST CONN.
 60. SUSTAINED
Supreme Court Finds Error in 10 of g Cases-Duty of Ciy to Trees That Are Nuis- ance

ance
 The supreme court at Bridgeport handed down decisions yesterday in which error was found in ten. The two decisions by Justice Roraback up- holding the s13,669.35 verdict against the Connecticut Companies for injur- les to. James J. Murphy at White Oak, and the $4,000 verdict in favor of Motorman Delinks of Waterbury are noteworthy. Hartford County.
 James J. Murphy against the Con- nectlcut Company and New York, New Haven & Hartford Railroad. Action for negligent collision between TWO trolley cars between New Britain and Plainville. October II, 1910. Judge Burpee and jury gave plaintiff slS,Sss;S5: No error. The judge was justified in giving sanction to the plaintiffs claims as to the injuries to his left eye, which the defendants claimed were conjectural. Opinion by Judge ROraback.
 New Haven County.
 Charles J. Delinks against the New York, New Haven & Hartford Railroad and the Connecticut companies The plaintiff, a motorman on the run from Lake Quassa paug July 3, 1910, was injured after he had tried to stop the car by means of the air brake and the hand brake, both of which were out of order. Judge Curtis and a jury gave him s4,000. No error "Thc plaintiff had right to expect that proper inspection had been made and that the hand brake was in a proper Condition to perform the work he hal been instructed to perform. It was the duty of the defendants to use req nyY a To Qv-cs f< Jo~ = Ix 1@,-c I<1 reasonably safe. This duty was con- tinuing one and Included that of main tenance.' Opinion by Justice Rora- back.
 William Hassett against John H. Carroll. Action of islander and libel. plaintiff s4,o00. Error New trial or dered unless the plaintiff shall file a remittitus of $1,500 from the amount of the verdict. The plaintiff is a school committeeman in Wallingford, and the defendant, a Roman Catholic priest, publicly called his schoolfouse pigsty and said many unseemly things concerning p1aintiff's coal busi- nes. The opinion is by Chief Justice Hall.
 Edwin s.. Thomas. conservator, ap- peal from probate. Probate court of Milford refused to allow conservator of Edward A. Spencer to settle claim against the ward. Judge Wheel CT sustained the probate court. No error. Opinion by Justice Roraback.
 Fairfield County.
 Smelling against William J. Merritt and others. Action to recover amount due on joint and several penal bond for $5, ,OOO given in substitution for an attachment. In the superior court mo- uons were overruled by Judges G. w. Wheeler and Curtis and the case was tried by Judge Williams who gave Judgment for the defendants. Error. New trial granted. The opinion, which is very lengthy, is by Justice Thayer. James H. McKfernan against Louis A. Lehmaier. Action for killing plain- tfff's intestate with an automobile Au- gust 6, 1910, on the road between Nor walk and South Norwalk. Judge Shum- way and jury gave plaintiff $5,000. No error. The fact that the plaintiffs counsel told the jury that both politi- cal parties pledged themselves to re- move the $5,000 death limit was harm ,ess Opinion by Justice Roraback.
 City of Norwalk against New Canaan. Appeal from New Canaan court for advice. The board taxed Norwalk's reservoir. Section 2,321 of the General Statutes is construed. The superior court is advised that the six ty-three acres described in the state. ment are liable to taxation and that he other items described are not lia- ble. Opinion by Justice Thayer.
 Thomas Dyer against city of Dan bury. Plaintiff was hit by falling limb and sued for damages. Judge Reed sustained decurrer to the com plaint as amended. No error. The overhanging limb did not constitute a defect in the highway; it did. not ob- itruct travel. '1f it endangered travel t was public nuisance and the city hould have caused it's removal. But L. ~T II. >skr ,rnmental one for the neglect of which no liability at common law en- .ued to the city and no statute i'm poses any. The complaint contains 10 allegation of a duty on the part of the city. On the contrary 1t is town of Danbury, had assumed the exclusive control of trees upon the street." Opinion by Justice Thayer.
 Litchfeld County.
 Town of Winchester against ,Thom- as Moriarty and other. Action to compel reconveyance of real estate. Judge Welch sustained the demurrer to the complaint. No error. The plaintiff sought to show mental weak ness. Moriarty deed property away and became pauper. Opinion by Justice Thayer.
 Adelaide B. strong's appeal from probate. Probate court of New Mill IOrO LH0 C6SIdCG SSCaLo or Alice c. Bostwick and construed her will. Judge Case confirmed in par: and set aside in part the probate courts decree. Error in part and judgment ordered confirming probate courts decree concerning paragraph 13. St. Johns parish wins out in it's s claim that it should get the s3,00O willed to Jane Taylor in this para graph, she having died before the testatrix. Opinion by Justice Pren ! tice.