The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-06-29
VERDICT AGAINST
OBY 4 COMPANY.
A Furnace Concern Gets Dam
ages of 81 ,444.66.
MAssILLON RAILROAD TROUBLE
Comes to Court and Injunction Granted
One Divorce Granted and Two More
wanted-wni Contest stiii On
Damage Salt Started.

Damage Salt Started.
Some heavy lawsuits are being fought
out In common pleas court this week.
The first big verdict to be reached came
in in Judge Taylor's room at o'clock
Tuesday night. The case was that of
the Hawley Down Draft Furnace COM
pany against Oby G. Co. The plaintiff
sued for $1,000 damages because Of
breach of contract, the defendant hav-
ing purchased lot Of furnaces from
the plaintiff and then afterward coun-
termanded the order. 1t was tried once
and a verdict for $50 secured but the
plaintiff was not satisfied and had the
verdict set aside and a new trial grant,
ed by the circuit court. The second
trial was finished Tuesday afternoon at
o'clock and the jury deliberated till
o'clock and then brought in a verdict
for the plaintiff for s1,444.66. Clark 6
Amber represented the plaintiff and
Oby and Harter the defense.
The case of Albert Gurskl against
Caroline Gurski ct al was taken up be-
fore Judge McCarty and jury Monday
afternoon. The plaintiff and the de-
PENDANTS were all children of John Cur
ski Of Jackson township. When he died
he cut Albert and some of the others
short and gave the property to the
other children. The suit Is now being
tried to break the will. Welty & AL
baugh represent the plaintiff and Judge
Day and Judge Fswcett the defendants.
The case of the Hawley Down Draft
Furnace Co. against Oby & Co. was
started before jury in Judge Taylor's
ttrf n q a
suit in which the plaintiff asks for $3,-
300 damages from Oby & Co., because
they allege that Oby & Co. broke a con-
tract in which some of the company's
furnaces were to be sold by the defend
ant. The case was tried once and
verdict for $50 damages was rendered,
but the plaintiff took 1t up to circuit
court and that body set the verdict
aside on the ground that 1t was not in
harmony with the evidence. The case
was remanded back for another trial
and 1t will now be run through the mill
again.
Clark and Amber represent the plain
tiff and w. ]. Oby and Henry w. Harter
the defense.
Judge McCarty and Judge Taylor
were each kept busy all day Tuesday
with the cases which they started on
Monday afternoon. The Gurski will
controversy before Judge McCarty and
the Hawley Down Draft furnace case
before Judge Taylor were both long
cases.
The second Dick Martin case was as
signed for trial Tuesday but there was
no room for 1t to come in and the at
torneys on each side got together and
decided that 1t should be postponed till
next term Of court.
SUIT TO FORECLOSE.
Loutzenberger Bros. have commenced
suit in common pleas court against o.
M. Hendricks and Amanda Hendricks
to collect $S3.25 by the foreclosure of a
chattel mortgage on bar fixtures. At
torney Lewis p. Metzger represents the
plaintiff.
CLAIMS DAMAGES.
Attorney A. w. Agler, representing
H. II. Rueggsegger, of Wilmot, appear
ed before the county commissioners
Tuesday morning with claim for dam
ages amounting to SIS. Rueggsegger
says that while he was going over a
bridge at Wilmot his horse got its foot
stuck in a wide crack and broke it's leg.
He therefore demands SIS. The COM
missioners are inclined to think that
If there is any liability 1t belongs to the
township trustees for 1t is their duty to
do all repairing on bridges that do not
amount to over $40. All this required
was one new plank and the trustees
will probably be asked to- look after the
matter.
ASK FOR A RECEIVER:
The Savings and Loan Co., through
Attorney Whiting has sued in court to
collect 1896 from Henrietta Young, John
Willis, ct al. The plaintiff asks for the
foreclosure Of a mortgage and In the
meantime desires that the court appoint
receiver to collect rent for the house
upon which the mortgage rests, the
rent to be applied to the payment of
| taxes and then to the settlement of the
PLAINTIFFS claim.
RAILWAY ENJOINED.
| City Solicitor Otto e. Young, of Mas.
sillon, on Tuesday afternoon, brought
suit in common pleas court against the
c., l.. & w. railway for an injunction
and an order from the court to compe
the railway company to cut their tracks
down to the grade Of the street. The
petition says that the company disre.
garded the grade of the street at the
place where the tracks run on Cherr,
street at the intersection of Summit ant
Washington streets and first raised tn,
tracks several inches above the grad,
of the street. This was done withou
authority and after 1t was all over the,
began to get ready to make anothel
raise. This month men were put I,
work and the tracks boosted over twt
feet higher and the company nov
threatens to raise them up SO they will
be six feet higher than the street. Thi
was all done without authority and tn
city now asks for an injunction to re
strain the railway from raising tn
tracks and also for an order compel
Ing them to put the tracks down to tn
grade of the street. The court granite
q temporary restraining ordar q nd Eve