The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1895-03-13
Court Proceedinrs.

Thes of Miss Mary Hentz Is. the
Borough Of Somerset for $500 damages,
which was tried before Judge LongeneclS-
er, last week, resulted in the jury return
ing verdict in favor ofthe plaintiff for
S775.00 II is alleged that ten members of
the jury were in favor of rendering a YER
diet giving the plaintiff Il mucl. larger
amount, while the remaining two jurors
thought that $500 would compensate her
for the injury she sustained. A coupro-
mise was agreed upon when verdict for
the amount mentioned above was return
ed. Counsel for the Borough presented Il
motion for new trial.
Readers OF the II ERALD will reinenbe
tha; the plaintiff tripped and fell on a de
fectivo crossing and dislOcated her should
er, one Sunday evening during tine fall of
1888, when she was returning TO her home
on West Main street after attending reii-
gious services in the Lutheran Church.
The dislocaiion resulted in permanent
injury and as q consequence Miss Hentz,
who is a popular seanlstress, instituted
suit for damages.
ON the trial OF the case evidence was
adduced showing that the crossing in
question had been in dangerous co.di-
tion for number of years, notwithstand-
ing the fact that The attention Of the bor-
ough authorities had been called to il
condition. In fact the most damaging
testimony on this point was given 10y one
- tho Fs,r,t,r,i- ,,-s-,,.a.os v-f,4 Ia. =. 81
that he had been sent to repair the cross
ing. but was unable 10 do 50 with the ma
terials furnished him. 4 number of wit
nesseS sworc to the unsafe condition Of
the crossing, while others testified Is to
the permanency OF the plaintiffs injury.
The defense set up WIS that of contrib
utory negligence op the part OF the plain
til, who admitted that she had known OF
the dangerous condition of the crossing
for a long time prior 10 the accident.
The verdict of the jury is generally ad-
niitted 10 have been a just one, and it
should serve as warming to town coun-
ell that they cannot permit dangerous
street crossings 10 exist without being
held responsible for any damage tha;
may ensue by reason OF their dangerous
condition. \ heavy tax Is annually lev
led upon and collected from the taxable
maintaining her roads and pavemcnts,
and it shonld not be diverted into other
channels, as there is reason To believe has
been the ease heretofore.
In the matter Of the application of
Harvey g. Stahl, of Jenners, for a retail
liquor dealers license, which had been
held over from the preceding week until
a trial pending against the applicant on
"A charge of selling liquor to persons of
known incorporate habits had been dis
posed OF, the Court granted the applica
ton.
The Mennonite Cemetry Association. OF
Conemangh township, was granted =
charter.
The petition of certain citizens of Berlin
praying that the membership of the town
council Of that borough be increased from
three to six was favorably acted upon.
As soon as Court convened Monday
morning Judge l.nngeneckor issued Il
rule on Mrs. Alice X. Higinbotham, Of
Addison, TO show cause why a retail
liquor dealers license issued to her
should not be revoked. Later in the
week the license was transferred to Chas.
4. Mitchell.
The Court issued IN order directing the
County Commissioners TO unite with the
Commissioners of Fayette Coanty in
erecting bridge over the Youghiogheny
river at Confluence, and further ordered
that contract for said bridge be let with
in the next sixty days.
SO fine, the cost of prosecution and
twenty days in the county Jail was the
sentence given by the Court to Charles
ShafIer, vino had been convicted at De-
cember term of furnishing liquor ille-
gally.