The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-04-15
TaB GRADE CROSSING CASE.
The Suburban and West Ends Argu
ment Before Judge Ferri L

The Suburban and West Ends Argu-
ment Before Judge Ferri
Judge Ferrill heard argument in the
court Of ordinary yesterday in the case of
the Suburban and West End Railway
Company VS.. the Central railroad for the
appointment by the court OF an appraiser
to assess damages for the proposed crossing
OF the Ceutrars tracks on the Augusta road
by the Suburban and West End.
1t will be remembered that several weeks
ago the street railway company appointed
its appraiser and requested the appointment
of one on the part Of the Central, the two
thus selected TO decide upon third dsin-
terested party. The Central refused to
consider the crossing of its tracks at all,
and, of course, declined the proposition for
an appraiser. The Suburban and West
End then, in accordance with the terms of
the legislative enactment on this subject,
appealed TO the court of ordinary to ap-
point an appraiser for the Central.
After several postponemeDts, the case
was finally heard yesterday. S. B. Adams,
Esq, and T. M. Cunningham, Jr, ESQ.
appeared for the Central, and J. r. Saussy,
Esq, and Henry McAlpin. Esq, argued in
behalf Of the Suburban and West End. Mr.
Adams claimed that there were three reasons
why the court of ordinary should not act in
Eud had not secured permission from the
comfy commissioners to cross the Augusta
road at the point in question, that it made
the Central railroad a party to the issue
when it should have made the receiver the
party, and finally that, as it involved a
question pertaining TO the Centrals prop
erty, the matter was not one within the
jurisdiction OF the state courts because the
road is under control of the United States
court.
On the other hand the attorneys for the
Suburban and West End answered that
their client had permission from the county
TO use the road at the point in question, that
in making the Central a party the receiver
was also necessarily made a party, and that
thefact Of the Central being under the CON-
troll of the United States court did not take
away the rights of the state courts in such
matters as the one under argument.
Judge Ferrill took the papers in the case
and reserved his decision.
judge Ferrill decided an interesting ha-
beas corpus case in the court OF ordinary
yesterday. Several years ago Frank Thomp-
son married Miss Van MUSE and daugh-
ter was born to them. MIR. Thompson and
his pArents-in-law did not get along to-
gether very amicably, and when Mrs.
Thompson died a few weeks ago Mr.. Van
MUSE took charge of his little granddaugh-
ter and announced his intention of keeping
her. Mr.. Thompson objected and demanded
his child. He was refused, and at once APP
pealed to the court of ordinary through "a
writ OF habeas corpus against Mr.. Van
MUSE for bis daughter. The latter, in his
answer alleged that MIR. Thompson was not
t1t and proper person to have charge OF
the child for several reasons, mainly be-
cause he drank sometimes. Mr.. Thomp-
son, however, produced number Of
reputable witnesses to prove that he
has held position of trust
with the Central railroad for five years,
which he could not have retained if the
charges alleged against him by his father
in-law were correct. Judge Ferrill, after
carefully considering all the testimony IN
the case, awarded the custody of the little
girl to her father. McAlpin & LsRoche
represented Mr.. Thompson and A. G. Wright
represented Mr.. Van Muse.
Louis Berner sued the Belt Line in the
city court yesterday for g., 900 damages for
injuries which he received by being thrown
from his wagon by a collision with Belt
car at Montgomery aud Wayne streets last
September. The jury, after considerable
elaboration, rendered a sealed verdict.
Seabrook, Morgan & Way represented
Berner and Lawton & Cunningham the
railroad.
A small garnishment suit Of M. Ferst &
Co. VS.. the Savannah Grocery Company
was decided in favor of the grocery COM
pany last night by a jury in the superior
courC. The suit grew out Of the failure
of j. H. Won der BreIiug, a grocer,
several months ago. Before failing he
he made over his accounts to the grocery
company to protect it for debt, and the
company in turn sold these accounts to s.
Guckenhelmer q Sons. Won der BrelinR
also owed NJ. Ferst & Co., and they gar
nisheed the grocery company. w. w. Os-
borne, Esq, represented the grocery CONS
pany and Seabrook. Morgan & Way repre-
sented N. Ferst & Co.
The Rose-Hsrmon land suit was given to
the jury yesterday afternoon, but up to a
late hour last night no agreement had been
reached.
Solicitor General Fraser has entirely re-
covered and Will attend court to day.
SAVANNAaS ATHLETES.