Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-10-08
SECOND DAYS WORK.
The Supreme Court Heard a Number
of Arguments Yesterday.
DAMAGE SUITAGAINST CARNEGIES.
A Bill in Equity to Recover Part of Mort
gage With Interest.
CRIMINAL COURT WORK BOILED DOWN

The Supreme Court met yesterday with
all the Justices on the bench, Justice Nc
Callum having arrived. No opinions were
handed down.
A motion was made and granted to quash
the appeal of the Prothonotary of Greene
county. The case was refusal on the part
OF the Prothonotary to deposit all the court
funds in his hands in the Farmers and
Drovers' Bank, which WAS designated by
the Court as the depository. He placed half
the money in another bank, giving as his
reason for refusing TO obey the order
of Court, that be did not believe the desig-
mated bank to be solvent. A rule to compel
him to obey the order was issued and he ap-
pealed.
Chief Justice Paxson, in quashing the ap-
peal, said that he was astonished that the
Prothonotarv was not committed for con-
tempt OF court.
DAMAGES TO FARMING LAND.
An argument was he rd in the case of
Adam Robb against Carnegie Brothers &
Co., limited, appealed by the defendants
from the Common Pleas of Westmoreland
county, The suit was an action for dam
ages brought bv Rvbb to recover damages
for injury TO his farming land, caused by
the smoke and gases from the coke ovens of
the defendants. verdict for 81, 79S 10 for
the plaintiffs was given in the lower court.
In their argument the defendants claim that
to affirm the lower courts verdict would
seriously cripple the coke industry OF the State,
in which in Fayette and Westmoreland coun-
ties alone over $50 900 coo is invested. 1t would
would Iulure the business
The otIer side claims that this argument does
not hear on the case and is merely put in for
purpose. The business would not be retarded,
and II Is clear case of damages. There Is no ne
ces> ~ Tor the amount of gas and smoke allowed
To escape bv the defendants.
An argument was heard in the case OF James
Fulton against James Peters and Margaret
Metzgar, an action on a contract for building
q house. appealed by Fulton from the Common
i cas- OF WeStmorelaud county.
The case OF ". T. Collner against George W.
GreiE. J. Ii. Aiken, d. Steiner and ]. W. Bart
lett. appealed by the plaintiff from the Com
mon Pleas OF Forest county. was argued. 1t
was an action of ejectment TO enforce an agree
ment for the sale of land in Forest county.
BAD FENCES AND WORSE HOGS.
An argument was heard in the case of G. B.
Stewart against Jacob Benninger, appealed
by Benninger from the Common Pleas
of Clarion county. The suit was an
dGlluu lOI uduldSSS lOI INJURY 10 HIS
crops caused by the defendants hogs roofing
over his farm. a verdict was given for S24 so
for the plaintiff. In his argument. the appel
liant raises the question whether a man who
neglects to keep his fences in proper repair
along public highway recover for dam
ages sustained by trespassing swine.
An argument was heard in the case Of John
Moody and hers against John Alexander, an
action on contract Appeared by the plaintiffs
from the Common Pleas OF Jefferson county.
An argument was heard IN the case of H. G.
Wilson and Others, heirs of j. B. Cunningham,
against Caroline NJ. Cunningham, appealed by
the plaintiffs from the Orphans Court of West
mOreland county. The case was a dispute over
the division of the estate of J. B. Cunningham.
The appeal of Weller Bros. from the Common
Pleas Of Westmoreland county in the case of
the First National Bank of Latrobe for use of
+. l. 5 epheison, against the New York and
WestmOreland Coal and Coke Company was
argued. The case is in the shape of exceptions
10 the schedule Of distribution among creditors
OF money divided from a sherifrS sale of prop
erty belonging to the coal and coke company.
The appeal of the Farmers and Breeders
Mutual Live Stock Insurance Association of
the United States from the Common Pleas of
Westmoreland county, in the SUIT brought
against them by George BEECH, was argued.
i he suit was an action to recover the insur-
ance on a stallion, the plaintiff receiving a ver-
dict for $500 with interest the full amount of
his policy, in the lower court