Norwich bulletin., 1915-09-23
NON ,sUIT MOTION GRANTED
In Case of Eastford Man Injured in
Driving Accident.

The case of Joseph Kelley VS.. the
town of Eastford was tried to a jury
in the superior court in Putnam We'd
nesday. The plaintiff claimed that the
town was negligent in that road roll
er was left standing in the highway
near bridge in Phoenixville, in the
town of Eastford and that a horse Of
man with whom the plaintiff was
riding was frightened thereby, and that
he was thrown out against wire fence
and that the loss of an ear and other
injuries resulted. Fifteen thousand
dollars damages were claimed. On
cross examination the driver of the
horse admitted that he passed the
roller in the morning and that his horse
became frightened and that he got out
and led it by the obstruction. He also
stated that on his return he might
have gone by a different route and that
he took a chance. thinking that the
horse on the homeward trip would pass
the roller without difficulty. The plain
tiff rested just before the non recess
and the defendants counsel moved for
a non suit and the arguments on the
motion lasted until o'clock.
1t was claimed by the defendant that
the plaintiff had not made out a prima
facia case. That he knew of the dan
ger and took chance and that 1t was
not the duty of the town of Eastford
to remove the roller, as the road was
a state trunk line and wholly under the
control OF the state. In granting the
non-suit the court stated that 1t was
strongly impressed at the close of the
plaintiffs case that plaintiff had failed
In the essential element, that plaintiff
was in the exercise of due care. Judge
Webb said that it seemed clear that
the driver of the horse had rushed into
danger with his eyes open to the con-
sequences. as his knowledge of the sit
uatiOn in the morning was a powerful
Warning In regard fn the other mint
claimed by the defendants counsel,
tEat the road was. a trunk line and I'M
der the supervision of the state, the
plaintiff failed to allege and show that
the town was bound to keep il in re-
pair. The motion was granted.
Rev. Mr.. Partridge Leaves Portsmouth
A recent issue of Boston paper had
the following relative to Rev. Wells
NJ. Partridge. Mr.. Partridge Is a grad
uate of the Putnam High school and is
the son-in-laws Of Mr.. and Mrs. Chaun-
cey Morse of Grove street:
Rev w. NJ. Partridge, rector in
! charge of st. Johns Episcopal church,
Portsmouth, y. H, for the past six
months, has concluded his duties and
returned to his home in Wollaston.
Since coming to St. Johns. Mr.. Par
| fridge has labored untiringIy for the
men at the naval prison and the de-
tention ship Southery resulted in his
administering the rite of baptism to
many in the service. It is not known
whether he will return to st. Johns as
the permanent rector, but it is the wish
| of the parishioners that he do so.
Buys 30 Acres of Land.
Harriet z. Reach has purchased a
large tract of land near the Little river
from the George NJ. Morse estate. The
tract comprises 80 acres and was one
| of the largest pieces of real estate
| owned in Putnam aside from some of
| the holdings of the mills.
| Leverett E. Weeks has bought the
| Richard Carter place on Lyon street,
| consisting of a house, barn and out
| buildings.
George A. Vaughan, agent of the
| Putnam Manufacturing company, is to
| close his house in Thompson and move
to Providence for the winter.