Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-12-02
NEW SERIES. VOL. l., NO. %


counsel ior plalntih. Unless II was the same
company TO which charter was granted IN
1870. then II was operating without authority
OF law and had no standing as legal corpor-
alton anywhere In the State either IN court or
out
MIR. Lore pressed his obJecuon anu cited
the reorganization OF the Wilmington and
Western Railroad Company i'll support of his
position that company, he argued, cannot
now be held responsible for any act that may
have been committed by the old company
therefore, the present Delaware State Fire
and Marine Insurance Company cannot be
made liable for acts done by the company
prior to its reorganization.
The Court decided that the two companies
did not present parallel cases, and directed
that the examination proceed.
Counsel for the defense, desiring to examine
witnesses from a distance first. In order that
they might return home, MIR. Money was
withdrawn and
Adam FOrtenbaugh, sworn-Reside in Hall
fax, Pa, Dauphin county, am i'll the business
of general merchandising; was member of
the State Legislature in 1874. '75 and 'T6;
have resided in Dauphin county since 1863;
am AZ years of age; am familiar to some
extent with the value Of land in Jackson and
Jefferson townships, Dauphin county, Cpapers
handed Witness; he identified them az deeds
of a tract of land in Dauphin county visited
by him in May, 1873; do not know to whom it
-
and to belong at present to David X.
Mcclure; was on the land there several times;
twice in 1873 and once on last Saturday; was
accompanied by Mr.. Pierce and Mr.. Peniing-
ton Of Wilmington; in 1878 was accompanied
by Jonathan Spade and surveyor; the land
is mountainous; portion of it has timber on
it; there is little timber on all of it: not over
100 acres is well timbered the remainder is
very sparsely timbered; the value of the land
il about
MIR. Lore objected on the ground that the
pleas of defendant being general the proof
must likewise be general that as there was
no specific plea of fraud there could not
properly be any specific proof of it.
The Court decided that as the plaintiff had
taken issue upon the pleas as entered by
defendant he was bound by that tact and
defendant was entitled to pursue the examiua-
tion III detail.
Examination resumed-The value of the
land per acre is about 80; | would not give
more than that for it if | wanted it would
not like to cash anything on it spent about
three days on the land i'll 1878 was engaged
in examining it there are no public roads ON
it there are some roads or cartways that we're
cut several years ago by Mr.. Mcclure to haul
charcoal away the charcoal was burned on
this property the land is on what is called
Broad Mountain | live about nine miles
away it has been from Is to 90 years since
any timber was cut from 1t on about 100
htiSh thSlS II lulcluDlN bOOu lulutl, DOI HI
for saving purposes, however that part of
the land from which timber was cut has
grown up in scrub oak and
the whole l should say is worth
not more than SO per acre in this esti-
mate / include all of the l,224 acres there is
no coal on the land neither is there iron or
oil so far as / know never heard of any
mineral coal being found on it the coal OF
which | spoke a while ago was charcoal,
burned from the wood upon the land there
are no buildings or improvements of any kind
on the property / would not care to make
loan on the land at most would not loan over
| $1,000 on it might epersuaded to loan that
| amount if was satisfied that the title was
good i examined the land in 1875 at the
solicitation of Samuel j. McCarroll, a lawyer
of Harrisburg, who wrote to me upon the
subject the nearest railroad to the property
| is about four miles distant during nv visit
of last Saturday saw number of old shaft
ings which were made by parties who had
been prospecting there for coal did not see
any signs of coal stopped and looked at the
shaftings some minutes there was also one
drift in the side of hill made for the same
purpose am familiar with the appearance of
| coal lands know I,ylins valley il il some
miles distant from Broad Mountain have
| never known any coal or iron ore to be found
| in the locality south of Lykins valley never
| knew of any being found in the vicinity of
| Broad Mountain.
| Cross examined Am general merchant
| keep dry goods store &c; have been en-
gagged in merchandising for TWENTY-FIVE
| years.
Redirect-Have also been actively engaged
| IN Otnef business during this time.
II nd Ifo unrttaf