Norwich bulletin., 1921-07-16
PUTNAM

Judge Marvin of the superior court
 has handed down a decision in the case of Thomas c. Bradford vs The Putnam Cemetery Association fn which the plan- tiff's demurrer to the defendants answer is overrued. Counsel for the plaintiff
 have not as yet decided whether the case | will go to trial on an issue of fact or whether an appeal will be taken from Judge Marvin.s decision to the supreme | court of errors.
 | The ultimate outcome of the case will l have a far-reaching effect upon tho cem- letery association as it will decide wheth- CT or not the association has the right l to use a considerable amount of it's
 property on the south side of the ceme- tery, not heretofore used for burial pur-
 poses, for that purpose.
 Under a statute passed in 1911 burials of dead bodies within $50 feet of a dwell ing house is forbidden except in ceme- Eteries established on or before November 1st ,1911, except with the permission of the commissioner of health.
 The strip of land in question was an- fnexted to the cemetery prior to Novem- Der 1st, 1911, but had never been used for burial purposes nor plotted in lots for burial purposes. The strip was GOV cred with undeFbrush and was in a dough- unusued condition. When the as- sociation began clearing up the strip of
 land, plaintiff gave notice that he con- sidered the proposal to use the land for burial purposes unlawful and an in- fringemen ef his legal rights. When the actual work of clearing the land was : commenced the plaintiff brought an in- junction to restrain the defendant in .E carrying out it's purpose.
 The defendant, in his answer, set UT
 that the stri9 of land had been acquired prior to November 1st, 1911. and wa.
 therefore part of it's established ceme. : tery, admitting that no permission had
 been granted by the health commission.
 CT to use the land for burial purposes To this the plaintiff demurre1 on tn, , ground that although the land had beer | . purchased by the cemetery association and annexed to it's cemetery it had nevel
 been used for burial purposes and wa!
 therefore not a part of the established t cemetery but only a piece of land annex g ed thereto and that unless it was alleged
 that permission had been granted tn, l cemetery association to bury in thi plot in close proximity to plaintiff : dwelling. in fact much less than the re : qured $50 feet. that no answer sufficien
 in law had been made by the defendant
 In his memorandum of decision Judg . Marvin says: ''The question raised b! the demurrer hinges on the construction
 to be given the words except in a eem
 etery established on or before Novembe 3 1st, 1917 contained in section 6502 o
 the general statutes of Connecticut. I seems to me that without regard to jus , how much of the land was actually oc 7 cupfed by graves on that date. the estab I lished limits of a cemetery contemplate by the enactment of the section referre, I to is, in this case the boundaries actuall,
 owned by the defendant on that date The demurrer is therefore overruled." As the result of the double header or l. the Fourth, there has been a genera shakeup in the batting averages of tn g members of the Nightingale-M Morse base ball team. Carey who has been headin the list has been displaced, while Ben I oft. for. several weeks the teams heav
 hitter, has slipped back into fourth place t Faucher the outelder of the locals. ha d jumped into-tbe lead, though closet :. pressed by Carey and LrHeureux. who's r slugging puts them also in the 800 clas l. Following is the way the team member
 stand with regard to their ability to h q the ball, and the averages include a n games played this far this season: