Norwich bulletin., 1914-12-11

The suit for S5.0oo damages brought | by Katharine A. Hooper and her hus- don. against the Connecticut Go, was on trial in the superior court here on Thursday after the jury in the case of York ys. York, executor, had brought in a verdict.
 When court came in at 10 o'clock, the jury in the York case, which had been unable to reach a, verdict on Wednesday afternoon after two and a half hours delfberation, retired to the jury room again and at 11.20 they sent word that they were ready to report verdict.
 When they answered to their names Fiorenan Gustave D. Andrews reported the verdict of $400 for the plaintiff, Miss Flora A. York of North Ston1ng- ton. This was accepted by Judge M. A. Shunlway,
 Miss York, who had lived with her grandparents. MT. and Mrs. William o. York of North Stonington, Keeping house for them for about nine years. had sued for $1, TOO for her servrces on the claim that her grandfather had under his will, promise that was not carried out. It was shown in the evidence that the grandmother had given Miss York over S4,oo0 a week after the death Of the young Wo- mans grandfather. It was claimed
 
 to be corApensation for the services that had been rendered.
 $5,o0o Damaae Case Taken Up.
 After the York case had been dis posed of the trial of the Hooper case was started, with the following jury chosen:
 Harlan P. Dolbeare and Gustave D. Andrews, Norwich; Hollis H. Palmer and Jesse O. Crary, Preston; William M 'Ooa VfNF orl- Griswold; Albert B. Kenyon, Ledyard; Elisha B. Gardner and John D. Avery, North Stonington; Albert J. Grandy, Bozrah; John c. Donovan, Sprague; Harry L. Hull, Lisbon.
 The suit, is brought on the ground that on the night of Sunday, Nov. 19, 1911, MT. and Mrs Hooper were on a trolley car on Broad street in New London, and that when they got off near the residence of 4. IT. Miller, Mrs. Hooper stepped into hole, where the trolley company, had been excavating other changes. Her ankle was sprain- ed. and she was otherwise bruised and injured about the head, body and limbs. The city Of New London was making improvements in the street at the same time and was also made a defendant in the case. Corporation Counsel W. T. Connor appearing for the city and Attorney J. r. Berry of New Haven, representing the Con. necticut company. The case for the plaintiffs was conducted by Attorney John c. Geary, who was assisted by Attorney Arthur T. Keefe.
 Mrs. Hooper was the first witness. She told of being on the car, which had q crowd on it and there was a fire on the roof of house near where the car stopped and the conductor announced that the car would go no farther and everybody. would have to get out.
 She described how she got out of the car, her husband going ahead of her and taking her by the hand and he did not know she had gone into the hole. as he had started off towards the fire. She said she did not care anything about seeing the fire, but her husband was crazy to go.
 Mir. Hooper. who Is a saloon keeper in the Fitzgerald building in New London, also testified to the circum- stances surrounding the accident. stat ing that he got off the car after his wife and saw the hole that she stepped into and took note of where it was by seeing the number that was on the pole nearby and that he came out the next day and pointed out the hole.
 Dr. Harry M. Lee Of New London testified to the nature of Mrs. Hoop CTS injuries, finishing his testimony just before the noon recess.
 In the afternoon the first witness was John F. Sullivan, a lawyer in the office of John c. Geary, who said he visited the scene of the accident with MT. Hooper the next day and noticed the location of the hole where Mrs. Hooper fell and that Road Master Guinan had men fill up the excavation when he found out what the lawyer was there for.
 Manuel J. Martin, a New London sheriff, said he visited the place of the accident with Lawyer Sullivan and lights.
 On this point the plaintiff rested and