The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1865-11-23

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Foncannan VS.. Jen.inn Lugcnbccl admin
i>tr,t,ix Of a ndrpv l.ngcubecl, deceased.
Jury trial. The plaintiff claimed in his
petition, that some IL years ago, Andrew
Lugcrbsrl erected a mil.d,m on San.
dusty river, about one mile South OF
TiGin, aud that by reason OF the erecting
of said dam, the plaintiffs lands wcrc
ovcr1owed, his timber injured, his soil
washed away, his crops damaged and hia
fences carried uff, to the amount o!
$4,000. Plaintiffs lands are situated on
Sandusky River, at the mouth Of Honey
Creek, aud one mile and half South oi
said dam. The defendant in his answer
denied that said dam backed tac water on
the lands of the plaintiff, or that il done
the plaintiff any injury whatevcr--,hal
the waters OF said river were not set back
by reason of the dam farther Than tho
land of the defendant. There were about
80 witnesses examined in the case foi
both parties. Three days were consumed
in the trial Of the case. The jury retired
aud after 80 minutes delbrration, re
turncd verdict for the defendant. This
was the second trial of this case. The
Jury disagreed on the first tlial. Motion
for u new trial by thr plaintiff. Motion
overrued. LEE. BREWER g. NOBLE, fol
Plaintiff. PILLARS g. SESEY for the De
fcndaht.
John 7. Huss vs.. Edward Gwynn
Abnor C. Campbell and Henry Gross.-
This was novel and interesting case up
on a written contract. Jury trial, Motor
by defendants to continue, cverruled.--
Defendants demured to the reply Of the
plaintiff, and upon hearing the court sus
tanned the demurrer, to the answer Of de-
fendunls and the reply of the plaintiff
which ruling OF the court, confused nnt
confounded counsel on both sides. Fl
nally, however, the case assumed pusi
ton, and the merits of the action were
tried. T he plaintiff, John 7. Huss, lives
in Tffin, and alleged in his petition, tha
the defendants, Gwynn g. Campbell
ant, Henry Gross, and the substance q
which was that the said Henry Gross, hot
invented and secured "L tiers Patent,
for new and useful invention in h,
construction of u Drecch. Lluding Rifle
the letters patent was lated 1856 un
1859. That the defendants Gwynn &
Campbell, agreed to manufacture sal
brecch.loadihg fire urms. and pay to IN
said Henry Gross L royalty OF one dolla
and fifty cents on each rife manuficiur
ed and sold by them. Plaintiff claimed
that he had purchased Of said Henry
Gross, one.thrd Of said contract, an,
that the defendans, Gwynn g. Campbell
had manufactured about five thousan'
one hundred fsaid riffs, for which thcN
had not paid to plaiL'iG his proportion o
royally, to.wit Fifty centson each gun
The defendant, Henry Gross, lied hi
answer in the nature of cross petition
alleging in substance the same facts a
set up by plaintiff in his petition, an
asked Judgment against the defendant
Gw,nn g. Campbell for his royalty i
slid gun, to-wit: One dollar Tor each rih
manu- actured. The defendants, Gwyn
g. Campbell, answered that they hn
made the Contract set forth in plaintiff
petition, and that under said contract the
had manufactured rifles to the number u
fifteen hundred aud ninety eight, and pai
TO the said Gross g. Huss, their royaly 0
81 so on each gun, and that they the
ceased 10 manufacture said gun, for III
reason that il was worthless that tn
improvement was not new and usefl
Invention. Thut they then invented
gun OF their own and manufactured In
same. Plaintiff in his reply claimed tina
the defendants had not invented and man
fractured gun, but that The gun manu-
featured by Them was the Gross gun, an
covered by the Gross Patents of 1856
and 1850. The trial of the case cor
sumcd three days and was ably conducte
for Huss g. Gross, by Pillars. NOBLE 4
SEsEY, aud as ably defended. ror Gwyn
& Campbell. by Hon C. X. Wars ),
Hon. b. STANTON and Col. LEE.
The jury was out about two hours an
returned averdict fos The defendant Gros
for the sum of $3.50, and for The plain
tiff S2,56o. Second trial demanded b
lGwynn & Campbell, and they also CAV
notice cf an appeal TO the District Courl