Norwich bulletin., 1912-12-12

in the Norwich city electric light wires at Shipping street, which none of the witnesses had either justified or de- tended. This sagging was a condi- tion for which the Connecticut com pany was in no way responsible, he claimed, and that the electric light wires of the Norwich city plant were not under the control of the public utilities commission nor of any power in the state through which the Con- neeticut company could have appealed to have this sagging construction rem edied. The attorney criticised the tes- timony of MT. Bradshaw of the South ern New England Telephone company as made up of theories regarding light ming arresters and entrusted it with the testimony of the defense's expert, Mir Hart, who had said that lightning arresters were not in general use on the railway lines of the country be- cause the engineers were satisfied they worked more harm than good. MT. Kenealy argued that in fact the tele- phones were safer without the light ming arresters than with them.
 On the question of amount of dam i ages the counsel claimed that the sum I to produce $16 a week for 30 or 40 years as the equivalent of Spottswood's s wages should be reduced by the esti- mated expense of his keep for that time if there were any liability at all. l The conditions under which the con- 1 tact of the two wires took place was reviewed by the attorney, the sagging | high tension wire having been lifted by the wind and thrown over and caught and retained on the telephone wire, where it stayed until the insu-
 lation was burned through and the current communicated He concluded
 his argument of 45 minutes by request | ing a verdict for the defendant com pany.
 Attorney Avery began the closing
 argument for the plaintiff, after a short
 recess which followed the argument of Attorney Kenealy. Starter Spottswood
 Attorney Avery argued, was at fault
 in no way, shape or manner. He was carrying out the order of a superior officer in the full discharge of his duty. and the company was negligent in not having the telephone instru- nent which he had to use in a safe condition, by having such safety de- vices as are in ordinary use. Int
 company was also to blame for main. taining it's wires in Norwich in dan gerous proximity to the high tensior wires in Norwich. The defense ht said had admitted that there was nt l hIuQ Ol bdI6ly QGtlC6 at all on LnI
 telephone Spottswood was using. H,
 emphasized the testimony of MT. Brad
 shaw as to the safety devices used oi
 outside telephone boxes on poles. con
 sisting of the fuse, high potential ar
 rester, reduction coil and ground
 which the witness said the Connect
 icut company was using on telephone
 in New Haven. The Connecticut com
 pany he claimed was culpable for hay
 ing provided none of these safety de
 vices on the telephone at the parad
 at New London. He further charge
 that the trolley company was negli
 gent in knowing for three months 0
 the dangerous condition of the wire
 at Shipping street without doing any thing to change these conditions. H
 argued that nothing less than the fu statutory sum of s10,0Oo would be
 fair compensation for the death ( Spottswood, who was earning $500 year and had an expectation of If . of from B to 34 years, but was kille
 with absolutely no negligence on hi part but in the full discharge of tn duty required of him by the com . pany.
 , Attorney Avery closed at 425, afte an argument of about AZ minutes an } Judge Shumway instructed the jury t report again at 10 o'clock this morn } ing, when he would deliver his chars , and put the case in their hands.