Norwich bulletin., 1920-03-04

n against pr. J. Devere Barber, in which claim is made for damage of $15,00o. | This case has been in the superior | court of Rhode Island ten months and Westerly people have watched the | trial of the case, Attorney Clarence p. Roche representing plaintiff and Atr torney Herbert W. Rathbun counsel for Dr. Barber. All the parties to the case are residents of Westerly. A rescript handed down on Monday by Judge Chester ". Barrows. tn suh- 1 stance, reads:
 Action in the case under the statute for death by wrongful act. Heard on demurrer to plaintiffs second amend ed declaration.
 The original declaration averred failure of defendant, a physician. to treat plaintiffs intestate between certain hours on May 10, lsla.- after being employed on that day to treat her. by reason of which failure she died. 4 demurrer to this declaration was sustained because of failure to aver deceaSed's need of treatment, or defendants knowledge of such need, ar that treatment would have pre- vented death peran. Judge, septem- her IS, 1919.
 An amended declaration was filed alleging not failure to attend on May 10th. but loosely averring care less treatment on May 10. A demurrer to this was sustained on the ground hat the facts constitut!ng the alleg- ed negligent treatment should be set out or if unknown 1t snan'd be 90 stated. Doran, l. November ts, 1919.
 A second amended declaration was filed and is now before the court on ,1. fta iNt laratinn ayers childbirth. April 2, l7 1919; sickness of plaintiffs intes- tate on May 10, 1879, and reed of treatment to preserve her l'fe; the empleynient on May 10. of Ge'o'dant to aNe-a said irtestate as a pily<i- cian: defe7daut's knowldge that she
 needed fro" tment on May 10, in order
 to save life,
 To this declaration defendant has Se-lurred On eIevea grounds. P'ainv
 tift's counsel In argument supposed
 that nine Of these grounds had already
 heon covered by Judge Daran in his f,'rIner eec's'ens,/ In this he errs,
 T1iiutiff has not before statai the ease
 wtiich we svrnise he now i1tert9 10
 set forth. He perhaps rrisi to d) Sc
 iu his orieanal daelsrs ton hut failed
 His fret amended deelaration stated
 an e7tireiy different eaee from that
 
 n-ess-t declaration rOver+s to clai~
 of the sa7re genAral rat"re as hi : criaInal cla'r1 hut still is defective
 in two "f the respects pointed out b.
 Tl'S~e Daran.
 O The detrurrer is svstained or s erourde 1, 2, 5. '. 8 ard 2. It is over l. r'''Ad e7 grounds 4 5, 10 and II h p'a'~t!ff roav have ten days in wA'r' a t9 els a new daeiarat'en. aud defend ' s,, 11t tnta t plead or demur thereto.
 a Mrs. Nina N. Davis. of' 'Weet@riv. a -ennher of Phehe Greene Ward cha n 1t ter. was elected state recent at tn 1t swntv- s'vth conference of the RhHd le leland DauFhters of the America le Revolution, held .Tuesdav i1 Pravi f. deoee. Mrs. Albert L. Colder. stat
 reoert. nresided, and introduced Mir s Ny"than E, Lewis rsee7t of Narrarar IL sett cha pter. at Kiues+an who raa ot thA report of the corn-oittee on nornir at'nrs Later she p-esented Mrs. Dn - wis, whose te-n1 Of office as regent wi ', heeiu in Aprii sftar the Wa=hireto s 1 Congress. Mvs Colder eynressed th a- desire that Mrs. Davis rneet with th sr co-operation # hna been her haDpines st tn CT iay. Mrs. Davis in acknowlede
 ing the address dwelt upon the rf
 snonsh'lities which Mrs. Calder ha i- as war reqe-t ard the love and re: ht ! affecticn which the various ehaotel U Ue9 e-tertsin for her. Tn her address MT lu Davis touched upon tho need of coy IT. sarvation slrff~aoe drastions and II
 'renace of the bolsheviIyi, bringing h,
 hr'ef address t1e a close with an e7
 nression of anDrec'a ton to the NaI a- 1 -aeansAtt chaDter for her noninatio CT Tho other officers elected are ;e. Mrs Mvra B. Morse Flint-T1o~i
 VI .1
 ct: stnte vire reSe-t; Ms. Ethel -- DsRlois William FIlery chapter. Nev
 nnrt. s'ete secretary; Mrs. Agnes
 Arev WoQn~ocket chante- sta t-ea Rursr: Mrs FarvlA H. Cra rsho7 A- Rhode Island I7dene-dAnce chant
 providA~ee e+ate reoistrar: Mrs Ma
 tha A. Gardner. Narraqansett char+e ot SlocIIrn. state hist~via7: Mrs. Nj H -'on R. Plaelrrar Rv;ssai cha nte 'Js Rarrire reton, etate Iih-a -'an; Mrs TIa ou r'et M. Ruttorw~-th. Tsawtvol,e ig stHte auditor: Mrs. F1ArA-ce s. Res al NasNes chapter, Providence, sta a custodian.
 The report of tha tres <,frer sHA~r. ai a balance of $2ea as. The priaci1
 changes in the peviS'en of the h re 'awst '- the raise of the neroantta ts -s- rom fifteen to twenty five cents ar d. the esta hlish---eet of a s+atA reee r. 1 i'Hu J'iNH TFl'fn NdD 'll'-V WSC r S9ss nnpeinteA del@eate to f+AneraI Nath, IF cree7a Memorial far i've years a, Is the eonfereOce vated.e25 te fhe fund sh The sneakers at the session wer mt Rev. Ar'hur Fl. Bradford. Col. Fl. A, us thany Dyer. of Providence, Mrs. Ge 'ts Th"tchsr cuer~sey. nresidAnt eener ,ce of the Nstiensl society. Daush+e-s l; Ike tne Anreriean Revel't'er: Mrs. Gear iot Maynard Mirnr. of Wa terford Con arl feF~eF president general of the W !S;; tional society; Mrs. Fra-k IT. Va .nI vice president general of Massanh, ,iIs setts Mrs. John La'dlaw Ruell co ,sy neet'eut state regent; and Mrs. Fra la- DsTtAr Fl'insen. state regent of Mas ed. achusetts.
 e1y Under an amendment to the fury q ast thre were 2357 reported desertio The among those who registered in Rho tile leland. according to the final repc son of the provost marshal general to t is secretary of war. The total nurt st' ot men who. registered in the sts