Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1884-11-25
COURT OF uomMoN PLpAs.
\ asn who was sno, for = Mussrat sues
tor l7Amsges'

Upon the reassembiug Of court on Mon
d y afternoon at $3.50 o'clock the suit OF /
Thomas Baumgarduer vs.. Aaron Fulmer,
defendant, and Peter Dilsnbaugh, gar (
nj shee, was called for trial, but counsel for
the garnisheo agreed that Judgment should |
be entered against him for S7I5, with stay |
Of execution until Juue |, 1855
The next case called was that OF
William +. Knier W.. Nathaniel Graybill
action Of trespass ri t!dr7is According
to the testimony of the platutif's witnesses
1t appeared that Knier left his home near
Petersburg on the evoniug Of November
20, 1881, for mill dam near by, where he
intended to shoot muskrats. He was
lying on the ground, waiting for the rats
to put 10 an appearance, ard did not hear
| Grsybill and party of friends, who were
also out muskrat shooting, approach. MIR.
| Grsybill saw an object on the ground
which he believed to be q uuskrat aud he
| discharged hisgun. The contents entered
the left side Of Kuier's head, shot out bis
| left eye and otherwise injured him so
| badly that he has not since been as able to
| work as he was before the accident
| Counsel for the plaintiff alleged that
! from where Grayhil was standing when
he dischared his gun, If he had used proper
| care he could have avoided the accident
ard as it was the result of gross neglgerce
on the part of Mr.. Grsybill, he is respou.
sble in law to Kujer for damages
At the conclusion Of the tes.imp pny on
Il part of the plaintiff, counsel for
defendant moved for non suit on the
| ground that plaintiff failed to show that
the defendant was pegligent at the time
OF the shooting.
Trr court refused to grant the nOu-suit
| and the defendant was put on the witness
stanl. He testified that prior to the
shlptiug he talked for fifteen minutes
within hearing distance of kuier. that
when be did shoot, 1t vas at dark object
that lie thought WAS a muskrat, He
claimed that the shooting was accidental
that he could not see Kner on account Of
the tall grass between him and knier,
that when he learned that he had shot a
man he hurriedly went for a physician,
and did all in his power for the comfort Ct
the wounded man. 1t was also show that
kuier said to several persons after the
shooting that it was accidental.
The jury this morning rendered q verdict
in favor Of defendant.
In the suit of Blckford Il Hoffman
Us. J, F. Smith, judgment by consent was
entered in favor of plaintiff for slOl 54.
The BeXt case attached for trial wa:
that of Christiana Sherr and Martin Sherl
| hDE lue use VI OuElsLlAua NueIT We D8TpsEt
Sherr, executrix of Elizabeth Sherr
, deceased, issue to determine the right I,
certain property levied upon by tht
: sheriff. Iu April, 1882 the defendau
J obtained judgment against Martin Sherr
7 of Strasburg township, and issued exeCu
tion against him. Among the article.
. levied upon were household goods, hay
straw aud tobacco, which were claimed b.
Christiana Sherr as her property. 1t wa
, shown that the household goods wer,
! purchased with money earned by Chris
tiaua before her marriage and that tn
= crops were grown on land owned by her
I On trial.
l APPOINTMENT OF VIEWERS.
Samuel Slokom, A. T. Mcclellan az,
Joseph ID. PowDat were appointed viewer
to vacate a road in Salisbury township be
ginning at point on the public road lead
ing froe, Walnut Grove school house ant
ending on the public road leading fror
Stelleville TO bonneville, in Chester county
W. w. Felter Sebastian Miller am
Samuel E. Stauffer, viewers to lay out
n pablo alley in Adsmstown, from Kuouer'
to the school grounds.
John ID. Wilson, Levi X. Brown an
Chalk Hackett, viewers to lay out publ
D road in i alton township. fsou point o
Q the road lead from West Brook station t.
Wick's mill and to end on the public roa
i lsaiing from Wick's mill to Quarryyillc.
5 Robert Maxwell, 4. T. Mcclellan an
John NJ. RltEer, viewers to lay Ols rca'
, | to lead from a point in Salisbury tOwnshi
j on the Newport turnpike, TO a point o
: the road leading 70 the Old Sadsbur.
meeting house.
, Lewis II. Linville, Robert Maxwell
John W. Thompson, viewers to lay out
| Rad in SaI from
on the road leading from Christiana t
Smyrna, and ending o. Elizabeth street
IN the village Of Christiana.
Solomon High TleoiOrs A. Kinz5r
! George A. Wallace, viewers'Go lay out
road from point on the road leading
from FairvlIe TO Churohtown, aud endias
on the road leading to the Dry Tavern, il
East Earl township.
Samuel Evans, J. W. YOoum, Il. F
Bruner, c. s. Kaufman, Il. T. Ryon an
A. G.. GuileE, viewers TO assess damage
, caused b. the proposed opening of Msno
street, from Ninth to the borough line
and also to assess damages by the proposet
opening OF portions of Second street
Chestnut street and ally G., in th
borough of Columbia.
Michael Metzger, Samuel Evans, Henry
Eokert, John 3. Fro and A. n. Casssl,
viewers to assess damages caused by tht
proposed opening OF Elm street, in tn
city OF Lancaster.
ABSOLUTELY CONFIRMED.
The following reports were absolutely
confirmed
The report of viewers appointed to la,
. ont public road IN East Donegal town
ship, from point on the road leading
from Nissley's mill 70 the Z. Donegal road
aud ending on the road leading from
Springville to Columbia.
The report of viewers appointed TO lay
out road in East Lampeter township,
from point on the Lancaster s. Williams
town turnpike and ending at a point OF
the Strasburg s. Millport turnpike.
The report of viewers appointed to la!
out q road in West Lampet3r township
from point on the Willow Street turn
pike to point on the road leading from
Lancaster TO Willow street.
The report of reviewers appointed to la,
out a road in West Hempfeld township
from point on the public road LEADING
from Mountville to Silver Springs, AM
ending at point in the road leading from
Mountvile to the Lancaster 81 Mariett
) turnpike.
The report Of viewers appointed to la
out public road in Brecknock township
from point in the public road leadin
from Fairville to Adamstown, and endin
at point on the public road leading t,