Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1872-11-27
Court Proceedings.

John Wightman VS.. Trumbull Nation
al Bank, tried Monday and Tuesday of
last week, was a suit brought to recover
the amount of a draft left by plaintiff
with defendant for collection. Before the
draft was collected the acceptor failed,
and the principal question in the case
seemed to be whether the Bank under
took to collect by its own methods or
under direction of plaintiff. No proof
was introduced on the part of defendant,
own to the absence of its principal wit
ass, the late cashier. Verdict for plain
TN for Sl-227. Second trial demanded
b. defendant. Moses & Taylor for the
plaintiff; Hutchins d futile for defend
ant.
Admir- of ]. W. Powers VS.. L. NJ. Dem
nison, was tried to the Court. Judgment
for plaintiff, S42I.96. Second trial de-
manded. Stull for plaintiff; Fuller for
defendant.
Same vs.. same; trial to Court; judg-
ment for plaintiff, S6s5.SO same counsel;
second trial demanded.
John Moser VS.. William Rayen tried
to the Court; involved questions of part
nership. Reserved.
Nancy NJ. Gillmer VS.. George L. GILL
mer, tried to a jury, was a suit brought
in tresspass the plsintif claiming that
in May, ISL, she was driving in a one
horse buggy, and that the defendant,
driving two horses, came up and passed
her, and in doing SO drove so carelessly
that her buggy was crowded off into the
ditch, she thrown out. and her leg broken
and ankle sprained. Defendant denied
negligence IN his part. Verdict Thurs
day for plaintiff. $1,000. Judge Tuttle
and Judge Porter for plaintiff; Taylor
& Jones for defendant. Second trial de-
manded.
S. N. Webb VS.. II. E. Finney, next
tried, was a suit for SI71, agreed balance
due on settlement, and SIS paid for use
of defendant. Per contra, defendant
claimed a set-off against plaintiff $500 for
breach of a contract regarding use and
working of farm, etc, S1s.Sl for money
paid for plaintiffs benefit, and $40 for
wagon material furnished plaintiff.
Verdict on Friday for plaintiff, Sl94.97.
Second trial demanded by defendant.
Taylor & Jones for plsi ntiff; futile for
defendant.
Friday evening an attempt was made
to try the case of Hitchcock VS.. ]. c. and
7. ]. McLain; but owing to alleged alb
sence of important papers it was passed
for one week.
The injunction case of the 4 & G W
Railroad Co. VS.. the a Y & P Railroad
Co. then came up on plaintiffs motion
to make the order perpetual, and hearing
entered upon so far as to hear an able
argument rom Judge Burke, of Cleve-
land, for the plaintiff. General Wright,
the Vice President of the 4 & G w Co.,
Judge Pettys, of Meadville, attorney for
the road, Mr.. McCreary, President of
the AY&P Co., and other eminent gen
tlemen from abroad, and agoodly sprink-
ling of citizens interested in the contro-
versy, were present to hear the wal of
words; and while the lawyers were dis
putting as 70 the legal bearings of the
case, the parties directly interested were
considering propositions for settlement.
Fortunately, their Efforts were success
Iul, for before further hearing had been
had, il was announced that the contro-
versy had been settled, each party to pay
its own costs. 1t is understood that the
arrangement effected on Saturday pro-
vides that for the present the A Y & P
folks are to go forward with their cross
ing /; that in the spring the broad gauge
is to be raised some fourteen feet, the A
Y & P track lowered about four feet,
thus passing under, and that the A Y &
P Co is to paw the A & G W the sum of
Sic, 900, which, it is estimated, will be
something more than half ofthe expense
necessary in raising the present track.
On Saturday, the case Of Albert E An
drews VI Collins ct al, was commenced
to a jury. Plaintiff claims to recover
about 81, 900, the alleged value of certain
dry goods seized by attachment in JAN
uary, 1871, by Sheriff Dickinson, issued
in the suit of these defendants against
Asa E and E c Andrews. For some
time prior to the seizure the plaintiff had
been merchandising at Greene, in this
county, and the goods in controversy
were bought Of Hannibal Taylor at the
sale at the Andrews store in Warren.
The effort of the defendant seemed to be
to show that the Greene store was in re-
atty owned by Asa E Andrews, and not
by his son Albert, and that the goods
taken, though ostensibly bought by Al
bert, were after all the property of the
father and subject to his debts. Verdict
Tuesday for plaintiff for SS6S.2O. Second
trial demanded by both parties. Judge
futile for plaintiff; Ratlif & Moses and
Taylor for defendants.
William T Jones, of Brookfeld, plead
guilty of single sale Of liquor, and was
fined $40 and costs.
John Mcdonald, State Line, plead
guilty to similar offence, and received
like punishment.
On trial to Court, Henry Wagner VS.
George II Porter: No Al.