The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-04-06

csiing Point-- Taylor Borough Suit.
Legislation relating to straying cows
was the most interesting thing dis
cussed in civil court yesterday and
between court and Counsel the discus
sion was made exceptionally interest
ing
1t was evoked by a replevin suit
brought by John CourtriRht, of Mil
waukee against his neghbor, Henry
Zelts and NJ w. Petty, constable of
Ransom township, who are accused of
illegally retaining COW belonging to
the plaintiff.
Mr.. Courtrights COW strayed upon
the premises of Mr.. Zeits last Sep
tember and did considerable damage
to his truck garden. In line with the
directions Of the STRAY act" of 1S6S,he
turned the COW over to the constable
with a claim for $40 damages Con-
stable Petty kept the COW for five days
as the law required and then put it up
for sale.
1t appears that Mr.. Courtright en-
gagged Squire j. b. Lesh to negotiate
a settlement with the holders of the
COW. He offered the constable the pre-
scribed fee, 81, which was refused,
the constable laying claim to extra
compensation for the care and keep
ing of the COW and so for the damage
done Farmer Zeilt's garden. Mr.
COPYRIGHT would not pay all this,
prcferring to bring a suit in replevin.
PLAINTIFFS CLAIM
The plaintiff, in the trial yesterday
made the claim that the Courtright
premises were not enclosed and con-
seQuentiy there could be no recovery.
The defense i'm answer to this, cited
clause of the STRAY act" which they
contended was particularly applicable
tO this case This provision was made
To protect farmers living along the
banks OF the Susquehanna in certain
townships Of old Luzerne county,
which We're periodically flooded by
freshets in the SusquehGnna. 1t stip-
ulated that because of the frequency
with which their fences We're washed
away, they should enjoy the protection
of the law against stray cattle without
being required to keep up their fences.
Ransom was one of those townships,
but when it developed that the Court
right farm is situated on top of the
mountain and that it never was flood
ed since the deluge, possibly, court
ruled the consideration of the clause
OUT of the case and called upon the
parties to confine themselves to the
general terms of the act.
There were various other contentious
advanced on both sides and finally
Judge Archibald took the case in hand
and directed the jury to leave the con-
stable out of the case and bring in a
verdict awarding the COW to the plain
tiff and nominal damages against
Zeilts, the second defendant.
A. A. Vosburg and w. S. Hulslander
represented the plaintiff and John F..
Scragg the defendants.
RECENT LEGISLATION.
During the suit it was brought out
that the most recent legislation on the
subject compels the owners Of cattle
to fence them in instead of requiring
others to fence them out.
Judge Simonton in court room No.
was engaged during the entire day in
the trial of the case of William Will
lams against the Crystal Lake Water
company 1t is suit to recover for
5000 cubic yards of stone which, it is
lams land and used in the construc-
tion Of their dam at Crystal Lake,
near by.
The company admits taking the stone
but justifies the act by presenting a
claim to title in the stone on the land
derived from $. II. Alden. The plain
tiff alleges that this claim is worthless,
as he bought out Alden's interest in
IA, l., in ciN-
years prior to the commission OF the
alleged trespass.
!. II. Burns and II. NJ. StreeterI
resent the plaintiff and 5. Is. Price the
defendant.
The case of Sercphena f.. Cobb ad-
ministratriX of the estate of Ada Jodry,
against h. +. Kellam and others, eX-
ecutors of the estate of j. w Cobb,
came up for its second trial yesterday
before Judge Archibald. 1t is IA suit on
two judgment notes amounting to $400,
given by j. W. Cobb to his father,
and by the latter assigned to his
daughter, Ada Jodry. After the death
of the father and a number of wears
after the notes were outlawed it is
alleged that the brother. upon learning
that they had been willed to his sister,
remarked in a casual way that he was
good for them and would pay them,
BROTHER AND SISTER ARE DEAD
The brother and sister died some time
later, and now his executors are fight
ing the claim Of her executors that he
made the remark alleged.
The jury was of the belief that he did
make the revivifying remark and
awarded "A verdict for the plaintiff in
| the full amount, S5l1,25.
Attorneys Hulslander and VosburP
! represented the plaintiff, Mr.. Kellam
and c. r, Pitcher looked after the de-
/ fonse.
Before Judge Gunster, in the main
! court room, was called the case Of f.
| G. Rarrick against y. Hunt Brock, a
! dispute in running accounts Mr.. Rar-
rick claimed S25 and Mr.. Brock, in de-
/ Tense, put in an offset of $40. The YER
! diet was for the defendant. Il. @
! Newcomb represented Mr.. Rarrick and
John f. Scragg was Mr.. Brooks at
tOrney.
The case Of Lacoe e Shiffer against
| William Springer was continued
The case Of Smith against Warner
was referred TO II. W, Mulholland
settlement was made in four of The