The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1884-04-12

p. NJ. johnson, A. G. Chaplin.
RAILROAD ACKNOWLEDGEMENTS
PRosPEcTs FOR DELAY FIRST
CASE STILL UNpEcIDKD.-The Circuit
Court OF this county convened on the
3D. to try the 80 or 40 cases between
the railroad companies, His Honor
Judge Fleming presiding. OF the
many cases on the court docket, a
majority involve the same-or nearly
the same-questions of law. The
case of the w. Va 4 Pa. CO. vs.. w.
L. Kern and the f., M. a. Pa. Co, is
the one now under consideration. 1t
has occupied the entire time of the
court since 1t convened. 1t is an APP.
plication under the Statute Of West
Virginia To Condemn for railroad pur-
poses portion of Mr.. Kern's lot In
this place adjacent to the suspension
bridge, on which both companies
have located their roads. The +. NJ.
and r company have purchased from
Mr.. Kern the strip of land on which
the roads are located for $500. 49,
this company appears and after de.
murring to the plaintiff companv's
petition filed some five or six special
pleas, setting up amongst other
things their purchase from Kern,
their bona fde intention to build
road, and averring that the ground
attempted to be condemned by the
plaintiff is necessary for the enjoy
ment of the franchise Of the f., M.
d p. Co. To these several pleas the
plaintiff company fled demurrers-
that is It says: that the pleas are not
sufficient in law. The court has
heard the arguments of counsel upon
the question Of sustaining or over
ruling these several demurrers. The
first arguement was made on Thurs
day by Judge Berkshire on behalf OF
the w. Va. & Pa, attacking the pleas
filed by the f., M. 4 p. Co. He was
followed on Friday by Hon. Jas. Nor.
row, Jr., in behalf Of the F., NJ. 4 p.
Co., in support of the pleas. Then
came Hon. j. NJ. Hagans for the
same company and the argument
was closed by Hon. r. G.. Barr, of
the city of Wheeling, for the w. Va.
4 Pa.
The many intricate and to our PEG
pie new aud interesting questions aris-
ing in the case were argued by these
gentlemen with ability and earnest
ness and were listened to attentively
by large number of citizens who are
all anxious about the result.
The arguments seemed to be fair
and indicated desire to reach the
truth. The efforts OF the learned
seemed to be to simplify
the great muss or railroad litiga-
ton that apparently lies a wreck
from the colliding not of the cars or
locomotives Of these roads, but of the
actual road beds or locations thereof.
On Monday His Honor Judge
Fleming decided to sustain the de-
nurrer to one of the pleas filed by
The defendant which attempts to
plead the insolvency ofthe petitioner.
The other pleas with slight lnodifi-
cation by the court were sustained
md to these the petitioner filed repli-
cations.
On Tuesday the issue was fully |
made up and jury was required to
Try those issues.
A venirc facias was thereupon is |
'ued by the court for Is jurors reg
;larly drawn by the Clerk. and as
,hese jurors are sum moned from var
Gus parts Of the county, the writ
vas made returnable on Tuesday the
9th prox. And tllereupon the court
adjourned until that day.
Before adjournment counsel for
he w. Va. 4 Pa. proposed to sub
nit all the differences between the
to arbitrators, but the
was not entertained by
be other company.
In the mean time the jury appoint
d to FIX the damages due John Kins-
ey and Steenrod Hess. from the F.,
4. 4 r., awarded to the former 1926
nd the latter $3.50.