Norwich bulletin., 1912-10-08
DR. FRANK M. DUNN
 WINS HIS SUIT.
Injunction Against Manwaring Hos pital is Sustained-Piaintiff Not to Be MoIested Further-Court Will Order Restoration of Building.

Judge William s. Case of the supe- rior court interjected a vein of hurnor into his decision which he handed down on Monday in the Dunn injunc- ton case against the Manwaring Me- morial hospital when he said that ripping the roof from over a mans head may lack the painful directness of kicking him down his front stairs, but an intent ts, land him in the street Is fairly discoverable btmnd either act.'
 By Judge Cases decision Dr. Frank M. Dunn of NeK London wins his suit against the Manwaring Memorial hos pital for an injunction to restrain them from further molesting him in the occupancy of his apartments, and the court further stated that an or- der will be issued directing the hospi tai corporation to restore the Dunn building to its former tenantable con- dition.
 Judge Cases Decision.
 The following was the text of the decision by Judge Case;
 It Is unnecessary to determine here whether the trustees are bound by the act of their president, upon the theory of so-called apparent or ostensiDle au- thority. Quite aside from that ques- tion the relations of the parties during the earlier stages of Dr. Dunn's ten ancy, and the attitude of the other trustees to the president, are at least enough to maintain Dunn in peaceable possession until his actual rights have been determined in proceedings which the law provides for such a situation. Certainly no legal justification for the arbitrary method adopted here Is dis coverable upon the conceded facts.
 It is suggested that the acts which have been done SO far do not amount to an eviction" and that even if the defendants may properly be restrained from going further, they should not be compelled to undo what has already been accomplished. Ripping the roof from over a mans head may lack the painful directness of kicking him down his front stairs, but an intent to land him in the street is fairly discoyerable behind either act
 The motion to dissolve the injunc- ton as granted Is denied, and the or der may be amplified by further pro- vision that the premises be at once restored to a properly tenantable con- dition and so maintained until the rights of the parties are determined 1T proceedings appropriate to the situa. ton. Attorneys Will Appear This Morning The matter will come again befor, | the superior court this morning a New London at the opening of tn, court at 10 o'clock, when Attorne,, William H. Shields and Donald G Perkins, who have conducted the cas, for Dr. Dunn, will appear to obtain an amplifcation of the courts furthe | order that is to be made that tn, Manwaring hospital shall restore tn building at once to a proper tenant able condition and so maintain 1t unti the rights of the parties are deter mined.
 | It was learned here Monday after noon that the hospital corporation hal | not waited for a further order iron the court, but that workmen in thei employ had started to restore tn building during Monday afternoon Hull, Mcclure & Hull have been tn attorneys tor the hospital.
 Public Interest in Case.
 Numerous features about the cas have made it one which has arouse unusual Interest and the short lega struggle has been closely followed b the public.
 | T Oi Ofcl lOuI years OIs OuuH ud occupied apartments for 8 dwellin house and physicians office in tn building 235 State street, New LondoI belonging to the Manwaring Memorif hospital, as tenant under two write leases which expired on Oct. 1st. Tn Ihospital gave a third lease in 1911 t pr. Dunn for three years more, start ing on the first day of October, 191. In July, 1912. the Manwaring hospite decided to erect on the site where tn Dunn building stands and on a larg area of land adjoining the Dun building site large block. to cos $s0,000 or more. for modern stores an offices. To erect the new building became necessary to tear down tn Dunn building and the hospital noti fled Dr. Dunn to vacate his apart ments on Oct. l. 1912.
 l Claimed Lease Invalid.
 The corporation further notified b Dunn that his third lease from Oct. 1912, for three years, was invalid be cause their president, Dr. Charles Greaves, who signed the hospital name and his own to that lease ha no authority from trustees of the hos pital to sign the lease.
 Dr. Dunn insisted that the thir lease was VaI1Q lease 10 niTn ana Una he would not cavate his apartmenti which occupied the entire second foo of the building.
 Early in the morning of Oct. 2 work men in the employ of the hospital be gan to demolish the Dunn buildins They tore off the tin roofing of tn vacant third floor over the apartment of Dr. Dunn. took down, the chimney: cut of the water supply to the batf closets, lavatory and hot water boilei They also cut off the electric light t the Dunn apartments. They also too out all the sash in the top floor.
 Suit Brought by pr. Dunn.
 Dr. Dunn at once brought suit fo $20,000 damages against the Manwar ing hospital and applied to the SUI perior court that happened to be | session on that day in New Londo for injunctions; first, to prevent tn hospital corporation from tearin down the building; second, to compe the hospital to restore the roof, chim neys, the light and the water and sas to their former condition of usefulnes: The superior court at once granted tn vrst injunction and issued notice [ the parties that they might be hear further the next day, Oct. 8. on tn whole matter of the two injunctions Oct. 3d and 4th the case was full tried out on the matters of the in functions and at the end the judg