Norwich bulletin., 1919-11-21

A second opinion has been handed down by Judge John Doran of the su- perior court. in favor of defendant, in the case of Myron Plympton, against pr. J. De We're Barber, in which plaintiff sues for $15,000 and all leges that the doctor neglected to treat his wife, now deceased. The suit was brought last summer and returnable to the superior court for Washington county Judge Herbert w, Rathbun, counsel for defendant, demurred to the declaration on several grounds. The first demurrer was argued before Doran at Kingston. After hearing the arguments. he handed down writ ten opinion sustaining the defendants demurrer, Attorney Clarence E.. Roche, counsel for plaintiff. was given ten days in which to file an amended dec lara ton. This was done. The de- fendant argued this demurrer on dif- ferent grounds than in the first de- murrer. The second demurrer was argued at Kingston on Monday. and Judge Doran again sustained the con- tention of counsel for defendant. The text of the opinion follows,
 ''Foilowing is a quotation from tke declaration emitting all but essential words:
 Defendant on May 10th so nesli- gently treated Ida B. P1ympton and neglected to render proper attention that by reason of said neglect ard lack of treatment. said Ida E P.ympton died.
 "Th;s is not an allegation If fatl- ture to attend Mrs. Plympton 9; all on May 10th. It comes nearer t1 a.. llcsin" careless treatment on May ni'i. Considered in that light the declara- ton should state facts constituting negligence or if they are unknown to plaintiff, at least should so aliege. l It was represented in .,rgurne"t that tdc s.tration claimed by plaintjff 0 exist was that. after undertakings tn attend Ire patient for an ilin a;s a7t': knowing that she needed treatment on l May 10th the defendant wholly neg lected to treat her or to call ~on her | that day, whereby. etc. This idea is not adequately expressed. if expressed at all.
 1 Third ground of demurrer sus- taiued others overruled with leave to amend declaration if desired" The Washington county superior court came in at Westerly Thursday with Judge John Dorance on the l bench. In the first case called for i trifS, Bertha Smith. wife of Rev. Rob- 1 ert Heating Smith, of Westfield, Mass, ] is the plaintiff and the Board of High 1 way Commissioners of Westerly the | defendant. This is an appeal from the | decision of the board in regard to the
 layout hnd alteration of the state 1 highway, along the property of Mrs. i Smith on the Post Road. The plan
 would Encroach of the property of plaintiff and bring the highway with in ten feet of the we'll which is the l source of water supply for the place. 1 Contention was made that the board
 exceeded its Jurisdiction, and is exer-
 cising a power that is not within the law. and did not conform to the law
 in adopting the present layout. inso-
 far as Mrs. Smith is interested.
 There. was long discussion in the points made in the appeal, which were l supported by Judge Herbert W. Rath- 1 bun who, with Attorney John J.
 Dunn, represents the plaintiff. Attor- neys Tarry B. Agard. representing the
 Westerly Board of Highway Commis-
 sioners and Assistant Attorney Gen
 eral Sisson representing the State
 Board of Public Roads, raised ques- tions against the appeal to show that the board was acting within it's juris- diction. During the discussion Judge
 Doran made many pertinent inquiries and questioned some of the claims
 made by attorneys. He said he dit
 not care to decide on the facts in tho