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Show J.SMALLEY' LOSES HIS CASE The Hudson avenue condemnation suit came to a sudden termination Thursday afternoon when Judge Harris Har-ris granted the motion to not hear testimony on the part of the defendant, defend-ant, Juhn Smalloy. Objection to tho Introduction of testimony for tho defendant de-fendant was bnsed upon the ground that the dofendant had no cause of action against the city and that, consequently, con-sequently, the evidence proposed to bo introduced would not be material to the facts at issue. Tho refusal of the court to hear the defendant's testimony was tantamount to a dismissal of tho contest on tho part of Smalloy, and, In accordance with this theory, the court instructed the Jury to find a verdict In favor of tho clty, which vordlct the Jury found. Tlie legal phase of the question-was argued Wednesday afternoon and, practically all day Thursday, the entire en-tire scope of the law of the case having been gone into by tho attorneys. attor-neys. Smalloy contended that, In the opening op-ening of Hudson avonuc by the city, his property and business "were damaged dam-aged in the sum of about $0,000, but it appeared that his interest was simply a leasehold estate and that the lease, which was an Instrument of writing and was Introduced in evidence, evi-dence, made a provision for tho contingency con-tingency of the opening of the avonue and that Mr. Smalley's remedy would necessarily come from his landlord, J. Stanley Deo and wife, and that tho settlement for damages should have been between the lessor and tho lessee. les-see. oo |