The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-11-28
WIPED OUT IN
ONE FELL WIPE
OLD LAW PECULIAR UNTO BEN
TON IS NO MORE.
Judge Edwards Ruthlessly De-
clares That the Right of Piscary
Is Not to Be Attained Through an
Easement by Observation-Disclosures
of Six Cents Is Directed for the
Plaintiff-City Solicitor Vosburg
Ripe in Ready Expedients-other
Court Matters.

1t was Il matter OF general regret
| among those who were about the main
court room yesterday afternoon that
some of our judges are not more con-
siderate. The occasion of all this was
the ruthless action of Judge Edwards
In wiping out, in one fell wipe, the law
! on the right OF piscary that has been
| contended for in Benton township from
| the time when the memory of man, etc.
| In the summer of 17IS--some say 1919
| "A man named Butler--though there
are those who contend he was a Car
| penter-brought with him in his OK cart
load of belongings which accompanied
his emigration from Connecticut to
what is now Benton, book of Eng
lands common law, which contained.
among other things. reports on ease
ments by prescription.
When the Baylor pond controversies
arose. Il local Justice of the peace. into
whose possession the book had de-
scended found, and SO ruled that
under this doctrine of easement by pre-
scriotion. a man who had fished in a
pond for twenty-one years successive
ly. providing the fishing was done
openly, adversely and notoriously, ac-
quired right of piScary that could
not be disturbed, no matter what
changes in title or otherwise the pond
and it's environment might undergo.
Several times in one or the other of
the Baylor suits. the Supreme court, in
sort of squirting way. intimated
that this was not good law, but never
came out flat-fOoted on the matter, be-
cause the question was not specifically
raised, and, possibly, also, because the
Supreme justices are more cOnsiderate
than some other judges who might be
inStanted.
HAD AN ABIDING FAITH.
Every one in and around Benton who
does not own a pond continued to have
an abiding faith in the right Of piscary
obtained through easement by pre-
scription, and, as told at length in yes
terday's Tribune. De Wilton Sweet was
among them. AS further told. he ilshcd
in Bassett pond, in 1894, after being
told by the owners, the Gibbs brothers.
that he shouldn't do so, and the Gibbs
brothers. or rather their father, whom
they succeeded as plaintiffs by reason
OF the fathers death since the suit was
begun, came before Judge Edwards in
due course. Monday to secure $500 dam
ages for Sweets alleged trespass.
After hearing big raft of testimony.
establishing the Gibbs title to all the
pond, and refusing to hear another big
raft that would tend to show that
Sweet tished consecutively for twenty
one years in all parts of the pond,
Judge Edwards yesterday decided:
First-That the plaintiffs We're eXclu
sve owners of the lake.
Second-'That the defendant. under
no circumstances, could acquire a right
Of piscary through easement by pre-
scription.
Third-That, as the plaintiffs simply
wanted to establish their exclusive
right to the pond and all it's fishing
and other privileges, the jury should
content itself with finding only nomi-
nal damages. or in other words, ver-
dict for the pla aintiffs in the sum of six
cents.
This was duly entered of record, and
thus perished the law of Benton under
which the right of piscary could be OBJ
tained through easement by prescrip-
ton.
WE'RE DISPLE.ASED.
The front seats, which for the past
two days looked like the first rows OF
n grange meeting, We're vacated by a
chagrined and murmurng assemblaSe,
at the announcement of the judges
finding. The HaylorS and Gibbses
watched their retreat with evidences of
great happiness. 5. B. Price and w.
W. Baylor represented the plaintiffs.
The defense was looked after by Chase
& Mahon.
City Solicitor NosburG is noted IN the
matter of interesting cXpedients. but
he outdid himself in the case of Jennie
r. Dean against the City of Scranton,
which was tried before Judge Kelly,
yesterday.
The plaintiff. who is Il handsome,
shapcly miss of about twenty years.
alleges that on the evening Of Fcbru-
aly -, 1897, she fell feet foremost and
sank To the armpitS into an open man
hole OF sewer on the extension of
North Washington avenue. sustaining
damages to the extent of $4,000.
In his preparatiun of the case. Mr..
Fosburg had occasion to view the man
hole and also the young lady, and Il
casual comparison convinced him that
the young lady was mistaken in her
contention that she fell into that par
ticular man-hole up To her arm-pits.
1t was hardly to be expected that the
plaintiff could be induced to repeat the
performance for the purpose of eradi-
eating Mr. Nosburg's convictions, so
the latter had to have recourse to his
fund of ready expedients.
Deputy Controller Johnnie Howell
was selected as the means to Mr.. Vos-
burg'S end Johnnie, us most people