Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-06-09
COURT TO-DAY.


The Washington Elrs company Ipjunction-
Current Businsss Transaosud
Court met this morning at 10 O'Clock.
Both judges were present and considerable
current business was transacted.
In the rule for . mandamus on the
county commissioners directing them to
reerect the bridge across the COnestOga,
formerly known as "Binkley's Bridge"
which was recently destroyed by fire, the
defendants this morning fled an answer,
the substance of which is as follows:
That this bridge was destroyed by ice in
1867 and after the destruction thereof on
petition of the inhabitants tho court of
quarter sessions appointed bridge viewers
who reported to the said court that a
bridge was necessary, that ths erection of
the same would be too expensive for the
adjoining townships and located the same,
as described in REALTORS petition, but the
defendants deny that it appeared to the
court of quarter sessions, grand jury and
commissioners of the county, that such
bridge was necessary or that it was enter
ed of record . county bridge, and they
aver that was the said report of viewers
referred to tho grand jury of the county,
and was by them returned disaflirmed,
that this action of the grand jury was
never set aside by the court for irregular
ity or other cause that no original pro-
ceedings by petition and view otherwise
tiOn to said bridge.
They deny that said bridge was erected
by the county commissioners at the OK
pense of the county, as alleged in the pc
titiOn, and aver that tho county commits
or osNk1 MA bn Noru VToIt,nl
turnpike company by agreement entered
joint expense, and that Immediately upon
the completion of the same the said turn
pike company claimed and exercised
exclusive control over it and insured it rs
its own property prior to its destruction
by fire.
They dcny that there is any existing
necessity for bridge ut tho place mon.
toned in the petition for tho accOmmoda-
tion of the public, or that the roads and
public travel are entirely cut off to the
injury and Inconvenience OF tho public
and over that the public travel, save such
as passes over the New Holland turnpike,
is amply accommodated by another bridge
over the said creek, within half mile of
the place designated for tho proposed
bridge.
That the COnestoga, ut tho point de
scribed and where said bridge was located,
does not cross public road or highway,
but that said bridge was located at 4
point where the New Holland turnpike
crossed tho creek, and was on tho line of
and formed part Of tho turnpike road.
That tho said New Holland turnpike
company is a corporation chartered, and
has exclusive ownership''and control of the
said turnpike from Blue Ball tavern to tho
city of Lancaster, and that the said bridge
cannot be reached except by passing over
the said turnpike, that the ends or abut-
ments of said bridge rest upon the road
bed of said turnpike company exclusively,
and the public have NO right of way, over
tn. 'ame but bycOmpliance with the condi-
tions which tho turnpike company have
right to impose to wit : the payment of
toll.
That since tho destruction Of tho said
bridge by fire no proceedings of the inhab-
itants to view or otherwise determine tho
necessity of its reercctiOn have been pre-
sented.
That the county commissioners cannot
be compelled against their discretion to
erect a bridge at the exclusive cost Of the
county. That under tho provisions of the
act of Assembly entitled "a supplement
to act relating to bridges in Lancaster
county," it is the duty of the New Holland
turnpike company to rebuild said bridge
at their own expense, and a specific remedy
is therein provided In case of their failure
to do SO.
The defendants, therefore, pray ,judg
ment against tho petitioners and that
they may recover their costs in this be.
half.
The petition was signed by the three
commissioners.
Tho Washington Fro Company Case.
In the matter Of tho injunction granted
restraining John l. Hartman, president,
and J. Fred. Sener, treasurer, from dis.
tributing the assets Of the Washington fire
company, additional affidavits were filed
this morning. One by MIR. Hartman deny
ing the facts Set forth IN the affidavit Of
John f. Dorwart and affirming that
the division of the assets of the company,
or tho disposition thereof, has never even
been discussed Or mentioned or made the
subject of proposed action at any meeting
of the company. Afiidavi,s of Christian
Nixdorf, Henry Biggs and A. G, WeIchans
were filed, sitting forth tina: they are
members Of the company and
that it is the intention of the
officers to divide tho assets of the company
and should the preliminary injunction be
dissolved distribution will at once be
made. After an argument by George
Nauman, esq, on behalf of the officers of
the company. ]. Hay Brown counsel for
the petitioners took tho position that the
motion to dissolve the preliminary iDjunc-
ton cannot be entertained when il general
demurrer is filed. lie was not prepared
to argue both motion, to day and the re-
mainder of the argument was continued
until next Saturday.
Current f.usine.s
Jenny Carlisle, Of Columbia, was d.
vorced from her husband, James Carlisle.
on the grounds Of de ertiOn John Green
was granted a divorce from his wifo Susan
Green on the grounds of adultery; the
restaurant license of Ephraim Ranninser
Of East CocalicO township, was transferred
to J. Fl Siegfried tho restaurant LICENSE
of Daniel Eaby, of tho Third ward, was
transferred to George w Benedict.
In the matter of the foreign attachment
issued May 10, 1888, at the instance of
Andrew NJ. CARRIER & Son, Of Salunga, on
carload of hominy feed, tho alleged
property of D. d. Garcelon & Co., who are
grain dealers in tho West, the court granted
an order of sale of the property seized.
Plaintiff gave bond in the sum of 500.
Sudden Death.
This morning Mrs. Reuben Bowman,
residing near Landisville, got up at an
early hour in her usual health, intending
to come in to the Lancaster market. She
assisted in getting the breakfast ready,