The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-01-30
Michael Hogan Gets a Bill
of Damages.
ANNUAL LICENSE COURT
A Bitter Fight over the Feeley-Devers
Application From Shenandoah-The For
mer VIII Probably win-Neiswenter Gets
His License and Transfers It.
speeial HnRA1p correspondenee.

Special HERALD correspondence
PoTrsvILLE. Jan. 20. Michael Hogan,
formerly of Lost Creek and now of Browne
vile, brought suit against the Township of
West Mahanoy to recover damages for injuries
sustained by reason of his falling into mine
breach near the old Smoky Hollow road at
Lost Creek in 1890. This case was called for
trial on Thursday afternoon, last, and occu
pied the balance Of that day, all of Friday
and on Saturday afternoon the jury returned
a verdict in favor of the defendant for 81, $50
The verdict was a surprise to everybody, as
those who had witnessed the trial had ex
pected the jury wouldn't award Hogan any
damage.
The counsel for the township, Messrs
Kaercher ard Bmke, had strongly urged
Judge Weidmsn to take the case from the
jury on the ground of contrbutory negligence
on the part Of Hogan, and on tine further
ground that this road upon which the acci
dent happened was not public highway and
the bres ch was not in proximity to the road
as to make travel on it dangerous
The township attorneys excepted TO the
filed reasons for a new trial in which they
alleged that the verdict was against the law
aud against the evidence.
1t is expected that the case will be con
tested to the very end, because should Hogan
succeed in recovering any damages at all
other people hurt in the same breach and in
different breaches throughout the township
are ready to bring actions against he town
ship authorities for damages. The reasons
filed to day will be urged in due time, and
then it will be for Judge Weidman to say
wht ther there shall be another trial. In case
attorneys for the township will take the case
to the Supreme Court.
The public, as rule, labor under the i'm
preston that the railroad companies and
townships are liable for any and all damages
that occur to travellers in, or near their roads,
but there is question of law that has been
repeatedly passed upon by the Supreme Court
of this state and that is, if the parties seeking
damages shall be guilty in any way of con
tributory negligence, then be is not entitled
to any remuneration. This rule of law goes
upon the principle that man should do all
within his power and means to protect himself
before he shall feel called upon to help others
for injuries of this kind occurring to him.
In the case of Hogan it was claimed that
he failed 10 return 10 his home on the public
road by which he left it and that he had
lived for four years within twenty five feet
of this old mine breach. Hogan, it is
claimed, on his return, imprudently left the
public road at midnight, and IN dense dark.
ness, resulting in his tumbling into the
breach.
Many cases have been tried in the coal
region that have arisen in this way, but it is
said there is not one in which large damages
have been awarded as in this case, therefore
the ultimate result will be awaited with
interest by townships and coal companies, as
well as people who may have claims in
reserve,