The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-06-10
AWAITING
DECISION.
The Flynn Case is Now in the Courts
Hands.
ARGUMENTS HEARD YESTERDAY !
Judge yon, Of Juniata County, Has the
Case Under Consideration He Init
mates That There VIII Not be
an Early Decision-The
Case Important.

The much-talkod-of injunction suit Of An
thony Flynn against the borough Of Shenan-
doah has been argued at last and is now in
the hands Of the court. The arguments
were made yesterday, John f. Whaleu and
George J Wadlinger, Esqs presenting the
case for tho plaintiff aud A. W. Schalck and
J. II. Pomeroy, Esqs making argument for
the borough. The arguments continued
about four hours.
The case was presented in all its details
the counsel showing that Flynn erected the
stone wall across the creek flowing through
his premises and the obstruction was placed
there to prevent nuisance Flynn claiming
that the stream had become so contaminated
that to allow its course through his property
and under his dwelling endangered the
health of the occupants of the place The
facts bearing upon the efforts Of the Chief
Burgess Supervisor and a squad of workmen
to tear down the wall and allow the stream to
flow in its regular channel and the armed
resistance made against the movement by
Flynn, who placed an American flag on the
wall and guarded it with revolver in each
hand, daring anybody to remove either the
nag or wall, were reviewed at length. The
chief argument made by Elynus counsel
was that, while they do not dispute the fact
that the stream was public water course,
the borough has, by reason of certain actions,
adopted it as a public sewerage and caused
the nuisance of which Flynn has com
planned. The acts charged against the bor-
ough is the granting of permits to people to
connect sewerage lines with the stream. The
borough, on the other hand claims that the
stream remains to day as much a public
water course as it ever was, so far rs the bor-
ough is concerned, and that the borough has
never given permission, or directed anyone
to connect sewerage lines with the stream.
Judge Lyon, Of Juniata county heard the
arguments and on taking the papers intimated
that as the testimony taken before Com
missioner Smith was voluminous and the
questions Of law involved will require a great
deal Of investigation, and as he has consider
able other business on hand to dispose
Of an early decision need not
be looked for. 1t is believed the
case will be in the hands of the count at
least two or three weeks The result, what
ever it may be- is devoutly sought The case
is one of the most important the borough
has been interested in since the water works
litigations, and damages to the amount of
several thousands of dollars will fall one
way or the other. The damming of the
stream has caused the flooding of nearly all
the properties on both sides of Centre street
between Bowers and limerick streets and the
victims are awaiting the decision of the
court to see who they will sue for redress.
From personal standpoint the victims
would no doubt prefer to have the borough
mulcted, as there would be little or no hope
of getting their claims out of Flynn, whose
sole possession is the little property he has
on limerick street 1t is difficult to imagine
the extent to which the borough will be
mulcted should it lose the case. Such a de-
cision would make the stream system of
public sewerage and every owner of property
abutting on the stream from the southern
end of limerick street to the northern end of
Main street would have the right to require
the borough to cover the sewer and keep it in
constant repair