Norwich bulletin., 1917-04-16

The question of law involved in the
 case is one of general interest through
 out the state. and especially in West
 erly. The declaration alleges that the
 plaintiffs automobile went off a bank
 at the roadside because the town had
 failed to maintain a railing to prevent
 such an accident. A strip along the
 by the state and known as a state
 road.
 The town of Johnston filed a plea to
 the effect that the highway was con
 structed and cared for by the state
 board of public roads and contendsd that it was not liable for the dam ages caused by the accident. The plaintiff demurred to the plea on the ground that the defect in the highway was entirely outside of the part of the highway constructed and improv- ed by the state. and that the town is still liable to keep that part of the highway which was defective in re- pair and safe for travel and to pro- vide a rail at the side of the road.
 This demurrer to the plea was over ruled by the superior court. the plain tiff took an exception and the case went to the supreme court.
 Judge StearnS discusses in the opin- ion the legislation on the statute books concerning the building and mainte- nance of state roads, especially en- deavoring to ascertain the intent of the legislature. Summing up his con- clusionS he says:
 The intention or the legislature seems to be clear, that state roads should be directly under the control O fthe state and that. with the excep- tion of the removal of snow and ice, the responsibility for the proper re- pair and maintenance of the entire state highway rests upon the state, and not partly upo nthe state and part ly upon the towns and cities, as claim cd by the plaintiff. Our conclu- sion, therefore. Is that the town was obligation a keen or to provide a railing for the part of the highway in question"
 A provisional battalion of the Coast includes the Fifth company vS West erly, is now on duty somewhere in Rhode Island" under command of Ma joh Johnson. Saturday afternoon Gov ernor Beeckman teiegraphed a request to the commander of the department of the east that another battalion of coast artillery of the Rhode Island National Guard. be ordered into the federal service for the guarding of public property in the state. The gov ernor recommended that in addition to Major Arthur N. Nash, of West erly, being placed in command, that he have as his staff a first lieutenant. a second lieutenant. a medical officer. a sanitary detachment and a sergeant major. junior grade. The battalion will probably be composed of the Sixth. Seventh. Eleventh and Seven teenth companies. It is expected that the order to muster in these compan- ies will be received in a day or two, and the mobilization of the compan- ies will immediately follow.
 A delegation from Westerly, ineIud- ine several candidates, witnessed the of the Fourth degree, Knights of Columbus, in Providence, Sunday afternoon. There were 125 candidates initiated and the degree team was assited ,by a choir of IS voices from Alhambra assembly of At the banquet in the eve hing, the exercises were opened by State Advocate Daniel Morrisey was The speakers included State Chaplain Right Rev. Peter E. Blessing. who responded to the toast, 1 Our Church, William R. Palmer, of Oxford, Conn, whose subject was the 1 Knights as Missionaries, Denis McCar- thy of Winthrop, Mass, who spoke on l Poetry and Patriotism, and State Dep lty Daniel J. Gallagher, of MaSsachu- setts. topic was Modern Chivalry.
 The April session of the superior | court for Washington county, Judge | George T. Brown, will convene at 1 today (Monday9. The court | he last two being at Westerly. There | Ire nine new actions at law. one bill 1 n equity. and one appeal, other than | criminal on the new docket, as well as | ourteen divorce cases.
 The actions at law are al follows: |
 Concettina Grills vs. the New York, New Haven and Hartford Railroad company; Margaret M.< S1attery Vs. ,s. J. Samuels & Brother, Inc. ct a1.; sachael Peckham vs. Charles A. Mor- an; Harry Peckhan vs. Charles A. dorgan; Henry N. Girard vs. Termi- al Warehouse Company of Rhode Is- and; Abraham Kaplan vs. Rose La lime, alias: Carbeta M. Quattomoni s. Aneil Martarese; L. A. Kinney vs. :. R. Champlin, alias. The petition n equity is that of Francis Hendrick t ux.. vs. Clarke Ti1linghast ct al, 7hi1e the appeal, other than criminal, 5 Ella M. Chapman. appellant, vs. Ma han B. Lewis. executor, appellee. It
 There is but one case for the grand { 1ry. Ii
 The jurors summoned from Wester- 7 are: Henry l.. Mitchell, George E. ,gger, Frederic W. Stiles, Edward J. 'enelon. Archie Fletcher. grand jury; rank H. Tatem, La Clede woodman- ee, William c. Smith, George C. foore, William D. Wells, Oliver Cav t. Louis J. Reuter-, petit jury. ll
 Local Laeonies.
 Otho Sullivan of Willimantic was in { Westerly Friday.
 The lobster season in Rhode Island l Tent off at midnight of Saturday.
 The Rhode Island general assembly ill reach final adjournment on next I tuesday night.
 Representative Hasve1l of Westerly ( ltroduced an act to incorporate the hore Line Electric railway. (
 A recruiting officer is coming to1 ] Westerly to receive enlistments in the egular army until the termination of ! ne war.
 Representative Davis of Westerly poke in favor of exempting from tax $ ton the John W. Keefe Surgery ana , 1e act was passed.
 Following well in the wake of the !, .Y0lvlEI: