Norwich bulletin., 1912-03-22

There will be a short calendar ses-
 sion of the superior court, Judge Will
 liam l.. Bennett presiding, this (E'ri-
 day) morning at 10.30.
 The assignments follow:
 Short calendar Frank H. Elmore ct
 al, vs. The Argus Battery Co.: Ger
 trude Fl. Powell vs. Albert H Powell:
 Stefan Bundek ct al. vs Joseph Dvor
 ski ct al; Louisa Maggia D D. a. vs.
 The Connecticut Co.; Joseph W. Cut
 Ter vs. James A. Nichols ct al; Cen
 tral Supply Co. vs. Charles s. Spald-
 ing; Sophia Pollock vs heirs and rep
 resentatives of George A. Wallen ct
 al; Emily M. Lathrop, trus., vs The
 Danielson Worsted Co.,; Harriet A.
 Mathewson vs. James A. Nichols et
 al: the E. Ingraham Co. Vs James A. , Nichols ct al.; application of J. Rich ard Carpenter, committee Ebenezer T. Robinson trust fund; Timothy J. COf- fey vs. Alfred bIigneault; Byron B.
 Stone vs. N. Y.,N H. x H. R. R. Co. Uncontested divorces: Mary Robin son vs. Daniel Robinson; Joseph R. Cooke vs. Lillian F. Cooke; Lizzie E. Noel vs. Clifford Noel.
 Trial List-To jury; Fayette l..
 Wright vs. N. Y., N. H. & H. R. R Co.,; Mary A. Nichols, ex., ct al vs same To court: Abel R, and Mary L. Burn ham vs. Charles F. White; Max Man dell vs. Antoni Klosinsl1i; Mary IT. Baker vs Nellie Gelinas; William H. Phillips vs. Karoline Hansen; the As sawauga company ct al, appeal from county commissioners in re-icense oI Wm. H. Campbell.
 Motion for Non Suit Granted.
 Judge Bennett granted motion for n nm bz~ a f { "a defendants in the superior court here Thursday afternoon, after the plain tiff's evidence had been submitted in the case of Harley s. Place of East Killingly vs. the town of Sterling. At torneys Harry E. Back of Danielson and Charles E. Searls of Putnam were counsel for MT. Place; Attorneys w. A. King and George E. Hirman, both of Willimantic, for the town. The happening leading up to the suit was one wherein a pair of horses own ed by MT. Place. valued at about $500, was drowned in a pond in the town of Sterling on Sunday. Oct. IT, 1909. Joseph Ennis, a man who had been employed by MT. Place, took the horses without the permission of the latter to draw a load of slabs to place in i Sterling. According to Ennis own tes- | timony he had a number of drinks l during the day, and when returning after nightfall his horses walked off l the main road and down 8 lead to the water of pond to drink. The pond 1 deepens rapidly a short distance from the shore. and the horses got into this i deep water and were drowned. Ennis ] has very little recollection of just how l the accident came to happen.
 | In moving for nOn-suit, Attorney l King claimed to the court that the | plaintiff, claiming that some sort of 1 protection should have been provided 1 by the town to prevent such accidents i occurring at the pond. had not made 1 out a prima facie case; that they had | failed to show that the place where
 'the accident happened was a danger i olls one, and that the highway was be- 1 ing used with due care.
 l The court decided that the accident was not caused wholly on account ot any defect in the highway, and aftel calling in the jury, retired for the time being. stated to the members of il l that insufficient evidence tC have thC l case go before them had been submit ted, and then excused them from fur ther service this term of court, thank 1 ing them for their attendance.
 Court adjourned until 10.30 tfi' | morning.