The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1893-01-11

The Supreme Court handed down oPin.
ions in several casss from this county Al
| Philadeiphiz last week First was that of
/ A. Chamberlain. e. al vs. s c. Hartley, si
al affirmed This is the Neyersdale con
tested election case. Il viii be remembered
tia: the Republicans vcliug al the Fe5raa-
election. 1s92, IA that borough. failed TO
designate the term Of oisice after the names
Of candidates Tor school directors The Re-
pubiicans polied large msj5rify Of the
votes cast and tae candidates Of that party
for school directors were given certificates Of
election by the election board. Notice Of
contest was served BY the Democratic can
didates fsw days following The case was
argued before Judge Lonsenecker and on
the 2ith Of august the Court decreed that
the Democratic candidates bad been elected.
inzsmueh as the electors voting for them
had named the tern Of Office each candidate
was to serve Immediately following bis
name, while the Republican electors had
failed TO designate the term Of Office after
the name Of candidates.
The contest engendered 3 great deal OF
bitterness between the patrons Of the Mey-
srsdale schools. bat nos thai Judge Longe-
neckers decree has been affirmed by the
highest Judicial tribunal. We hope pickering
viii cease. Il is pretty tough to have oil
GERS whom the people distinctly stated they
did not want, oversee the Affairs Of the
school district but when they took advant-
age Of the negligence Of the opposite party
there is nothing 10 do but wait until the
proper time arrives and then turn them out.
In the caseOf Evora n Smith. e. al. ys.
Peter 5. Hay, Judgment was reversed. Pc
ter S. Hay, Of Salisbury. this county, was
the executor Of the last will and testament
Of Elijah Wagner. late OF that borough,
deceased. An exception was fled TO his
account That the accountant should have
charged himself with $3.50, which be owed
the decedent al the Time Of bis death The
matter vas referred to an auditor, and after
some evidence had been taken, Plaintiff con-
ciuded TO try her chances in the court Eli
jah Wagner vas widoxer, nearly eighty
years Of ege al the time of his death, and
his only heir was a grand daughter, the
plaintiff in this esse- Il was shown that
Hay had borroEsd sl06o from Wagner and
that subsequently Wagner aud Hay entered
into a written agreement By which Hay
agreed, for the consideration Of sl0o0, 10
furnish Wagner with lodging. boarding aad
Necessary clothing. and in sickness cause
him to be properly cared for. Wagner was
TO reside in his own home, a property in
Salisbury borough. occupied by the plaintiff
and her husband. and there be was to be
provided for by th- said Hay. The plaintiff
alleged that Hay did not fulfill his part OF
the agreement. Judgment was given the
plaintiff for 5000 with interest An appeal
was taken with the result as above stated
The case Of Samuel 7. Davis. w. the Bal
timore & Ohio Railroad Company, in which
the decision Of the lower court is also sf-
firmed, is one Of considerable interest. Sam
uel T. Davis was brakeman on the SOM
erset & Cambria branch OF the B. & o. r. r.
On the night OF June p. 1881. while the train
on which he vas acting as fagman was
crossing the summit Of the ridge on its way
from JOhnstown to Somerset, be was thrown
from a box car. which was fitted up and
used as a eabOose, when. as be alleged, be
was in the act OF unc0upling the pushing
engine, and aler being thrown on the pilot
Of the engine, fell to the groGn1, and the
engine passed over his leg and crashed it, 50
that il bad 10 be ampata;ed- On May 3,
1889, he brought suit against the Company
to recover $4,000 damages. After long
trial, the Court took the case from the jury
and directed q verdict for the defendant
Company. From This decision Davis took
an appeal o the Szpreme Court, aud the
decision rendered sustails the lower court
in finding for the Railroad Company.