Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1879-09-10
Court Proceedings.
SEPTENrEER TEENr. 1879.

OH EhLL4s a A-4sAl- 10
The Court business that was or is Of gen.
eral interest last week may be summed up
briefly.
Commonwealth vs.. The Chief Burgess and
Town Council OF the Borough OF Miiiiin-
town and Road Supervisors of Ftrmlnagh
township, FOR not repairing the bridge across
the basin. near the Kennedy * Doty ware
house. David X. SulouiI, prosecutor. True
bill, found sept. 4, 1879.
Uommonw calth V. 4. ". Brooks. In
dictment - Forgery and embezzemcnt.-
Prosucutors-W. II. McNItt and u. Z. Belts.
This was a case between sewing machine
people. Verdict. guilty Of three counts.
Previous TO sentence a petition, largely
signed by citizens Of the borough, was pre-
sented to the Court, praying the Court TO be
as lenicnt aS the llX will permit. Sentenced
10 one month. on each count, to imprison-
ment in the county jill, and fined one dol
lar, with costs of prosecution. Lawyers in
tbs case-District Attorney Jacobs for Com
menwealth, Lyons and Parker for defendant.
In the matter of the division OF ruscaro-
"a township, the commissioners, Daniel Sic
Der, William Banks ard Kurtz Kaufman,
report in favor of line Of division, which
was confirmed by the Court, with an order
for a vote Of the qualified electors Of the
township. to be taken at the regular place
for holding elections, on Tuesday, the 18th
day of November, 1879.
John Dawson Jones at al, rs. Penn sylvia
MIA Railroad Company. This was case to
recover damages for the death of Mrs.
Jones. who tell from a bridge that crosses
the railroad track at Port Royal and was
killed by injuries of the fsll. The charge
of the Judge TO the jury IN the case Is the
most complete history of the case. The
charge is a. fellows:
To THE jury:
Gentlemen Of the Jury The plaintiff
John Dawson Jones, in his own behalf and
for his children. sues the defendant, the
Pennsy lyania Railroad Company, to recover
the money value to him and the said chill
dren. of the life OF his vile, aud thcir
mother. Elizabeth jones, who w@S found
dead on the night of the 2lst OF February,
1873, a few feet from the southeast corner
of the bridge over the defendants road on
Tuscarora street in the borough of Pe:ryS-
vile, Juniata county. The claim OF the
plaintiff is based upon the following facts
and allegations of fact:
In ISiS, when the defendant located IFS
road through the borough or town Of Perrys'
vile, ii cut what is called Tuscarora street
at nearly right angle and at considerable
depth below the grade of the street, which
destroyed the way for travel, and then un'
der the charter the company was compelled
to bridge this street or public way, which i
did. and this bridge is elevated twenty fee
above the track of the railroad, and Is ap
preached by an embInkment supported by
wing walls. The mere bridge itself is safe
ana guarded by rails, but the wing walls are
without guards. Now in the first place i
was the duty of the company 10 construct
this bridge over its road, SO as to render i
| safe to all kinds of travel, by venice or 81
| foot, and it was their duty 10 maintain tbs
same in a good and safe condition. X. X
Co. VS.. Irwin Borough, Norris, 336, anC
others there referred to.
The duty then OF keeping this bridge saf'
and in good repair being thus cast upon th'
company, the first question is, did they DE-
iti
The bridge proper was safe and rallied
but the wing walls were not rallied no
guarded except by the wall itself rising iron
to 10 inches above the road-hed and IN
road-bed OF the approaches within the VIM
walls had through use and time sunk som
s inches below the planking of the bridg
Proper. The height of the bridge win