Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-11-06
SUPREME COURT
GIVES DECISIONS
Rules on Many Cases Carried
Up from the Lower
Courts.

Special 10 the Evening Star.
TRENTON, Nov. 6.--The Supreme
Court, in an opinion today. decided
that Francis 2. Coan is entitled tc
the office of city solicitor Of New
Brunswick. The title TO the place
was contested by Frederic NJ. p
Pearse. Daniel j. Donlin was given
title to the office of water commits
sioner of New Brunswick. The place
was contested by Ira B. Martin.
The order opening the Judgment
and granting a new trial was set
aside by the court in the suit of Le-
vine 1. Schneider against Annie
Schwarz. The case was tried in the
First District Court, of Newark, and
involved the opening of a Judgment
entered by default against the de-
PENDANT in a mechanics lien case.
The court affirmed the judgment OF
the District Court OF Hoboken in the
libel suit OF Albert E. Savage against
Edward Slower. The judgment was
for $50 damages.
The court yesterday handed down a
decision granting new trial %
David Gratz, convicted In Cumber-
land county of carrying concealed
weapons The conviction is reversed
because of an error of the trial judge
tn charging the jury. Gratz, who
was also convicted OF assault and
battery, had the conviction affirmed
IN another opinion.
A verdict of 81, 900 recovered by one
Tarpey against the Public Service
Railway Company for an assault
upon him by a conductor and motor
man, who attempted to eject him
from one of the eomparny's cars, was
found to be excessive by the court.
Tarpey was not permanently injured,
and the court says il be will accept
a verdict of $1,000 the case will be
ended. otherwise the verdict will be
set aside.
Declaring 81, 900 damages to be ex-
eessive, the court ordered a new
trial in the suit of Jacob Patois ad-
fninistrator, against Charles Braun
worth and his son, Elmer. The
plaintiffs intestate was killed by an
automobile owned by the senior
Braunworth and driven by his son,
Elmer. The excessive verdict led the
court to order a new trial The case
was tried in the PasHaic County
courts.
A verdict recovered in the Mercer
Courts by Daniel Barry and his
daughter, Elizabeth, against the
Pennsylvania Railroad was upheld.
The daughter was struck by
descending gate at a railroad cross
ing and injured. The railroad COM
pany applied for a new trial, which
the court denied
Suggesting a reduction of verdict
for damages from S4.750 to $4,000.
the court filed an opinion in the suit
Of one Werner against the Public
Service Railway Company. Werner
recovered $1,000 and his wife s4,750
as the result Of derailnent OF one
of the company's cars in which the
plaintiffs were passengers. Unless
Mrs. Werner consents to the sug-
gested reduction in her verdict, the
award win be set aside. The YER
dict awarded Y yer was not found
TO be excessive.
The court, in another opinion, de-
cided that Robert 3. Hillman is en-
titled to the office of street commits
sioner of South Amboy. The place
was contested by John Connors,
who brought quo arranto proceed
ings In deciding in favor of Hill
man, the court said that cities gov
erned by the act of 1897, the APP
pointment Of subordinate officers,
such as street commissioner. must
be made by ordinance. Hillman was
appointed by the Common Council
in 1914.
The court affirmed the judgment
in the suit of Mary Davidheizer
against the Hay Foundry and Iron
Company.
The judgment of the second Dis
trict Court of Jersey City was af-
firmed in the proceedings brought by
Cyrus 4. Wolfe and others against
William II. Brown.
The court discharged rule to set
aside Judgment and execution in the
suit of Nellie Pushcart, administra-
trix, against the New York Ship
Building Company.
The court allowed a pre-emptory
writ of mandamus in the proceed
ings brought by Emma Flitcraft
against the Mayor and Common Coun-
eli of the borough Of Woodstown.
A motion for a writ of certiorarl
was allowed by the court in the suit
of Elizabeth Garrabrant, administTa-
trix. against the Morris and Somerset
Electric Company.
The Judgment OF the Union County
Pleas in the suit of the American
Radiator Company against John F.
Rogge, administrator. was affirmed.
The plaintiffs intestate met with an
accident which resulted in death and
the court decided that the accident
arose out of his employment
The court granted a new trial IN
the suit of Wojciech Kucharski
against the Equator Realty and I'm.
provement Company, Inc. a corpora.
ton, and discharged two rules to
show cause in proceedings by Ludwig
0iluzekowskI and Apolonia Pankowska.
The suits were instituted as the re-
suit of alleged misrepresentation
claimed to have been made to the
plaintiffs by an agent of the de-
PENDANT corporation in the purchase
of unlmproved real estate.
The court made absolute rule To
show cause to set aside q verdict re-
covered by George w. Dunn against
the Pennsylvania Railroad Company
An application for allowance OF
costs in the suit Of Lennia Blanz
against the Erie Railroad was decided
adversely by the court. The petitioner
moved for the allowance of costs on
= reversal of judgment which resulted
u a new trial.
The judgment recovered by Paulina
Siemientkowsli, individually and as
administrative, against the Berwind
White Coal Company was affirmed by
the court. The judgment was re-
covered under the workmen's COM
oensation law.
Draft Coincidence Resolutions
on ex-Sen. Kean's Death