The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1901-02-01
THE WHEEL
AND THELAW
The Road Race Prize Awarded
to Plaintiff.

ed-Other Suits Decided to the
Joy and Sorrow of Those Inter
ested.
On Monday morning, Judge Garrett
son, having recovered from his attack
of the grip. resumed in the Supreme
Court Circuit the trial of Horace B.
Fry and Reginald Fry against Ben
jamin f. Miles, ct ais. Judge Van
Wyck of New York, counsel for the
plaintiff, resumed his argument in
opposition to the motion for non
suit in which he consumed about an
hour and half, and after short reply
by Mr.. Lindabury, the judge rendered
his opinion allowing the motion,
The next two cases on the list, Adslt
VS.. The Central Railroad Co. of New
Jersey, were taken up. Elmer King
was counsel for the plaintiff and R.
V. Lindabury for the Railroad Com
pany. The presentation of the plain
tiff's case took the rest of the morn
ing and at the conclusion on motion
of Mr.. nindabury the plaintiffs were
non suited.
The next case, Fred. N. N. Davis
VS.. the Central Railroad Co., in which
the same counsel was engaged, wasthen
taken up and consumed the whole of
the afternoon and was again taken up
Tuesday morning. At the conclusion
of the plaintiffs case, and on motion
of Mr.. Lindabury, the Court granted
non suit. This made record of
four straight non suits for Mr.. Linda
bury.
These last three cases were all acoi
dent cases. The first two were for
damages sustained by plaintiff while
crossing bridge over the Central
Railroad, and the Court held that the
company was under no liability to
keep the bridge in rpeair. The third
case was for an accident at a grade
crossing.
After this case was taken up
the case of Louis Riehman VS..
Frederick A. Trowbridge, which was
suit in replevin instituted by the
plaintiff for the recovery of bicycle,
which he claims to have won at
! Trowbridge's ten mile race on July
4th last. The evidence in the case
was to the effect that Riehman
entered the race and was the
first one to cross the home line,
bat that several of the racers claimed
that he had not gone over the whole
course. However, it did not seem
that their contention was sustained
for the judges of the race on the same
day awarded the wheel to Riehman.
The following day Riehman went
over to Trowbridge's store and Mr..
Trowbridge told RiehmaD that the
wheel was there, but Riehman wanted
some things changed on the wheel and
left it with Mr.. Trowbridge with di-
rections to have them made. Before
these changes were maae some of the
officials of the race decided to have
re-hearing of the protest which was
set down for the evening of Friday,
July 18th. In the meantime kiehman
started the suit in replevin to recover
the wheel and since that time Sheriff
Baker has had possession of it. Mr..
Savage, the counsel for the defendant
made a motion to non suit the plain
tiff but this was refused. The defen
dants put in their evidence which was
to the effect that under the rules of
the race the judges had not the au-
thority to decide who had won the
race, but that it was in the power of
the referee alone to decide the same
and that until not after the replevin
suit had been started against the
plaintiff did he make his decision and
this was against Riehman.
Although the Court charged the
jury strongly in favor of the deten-
dant, after possibly an hour and a
half's absence from the court room,
they brought in verdict for the
plaintiff.
@. Franklin Wilson was the attor-
ney for the plaintiff. On Wednesday
morning the defendant made an ex
parte application to have the verdict
set aside as against the evidence and
the charge of the court. Judge Gar
retson allowed rule to show cause
returnable on Wednesday next.
The case of Bessie Trevena, admins
tratrix, ETC.. VS. the Thomas Iron Com
pany, is off for the term. The case of
North Jersey and Pocono Mountain Ice
Company VS.. w. A, Freeman is set
down for next Wednesday, as are also
the cases of Vanderhoof ct. al. against
McEwan Brothers.
In the case of Mills VS.. Sanders the
Jury was drawn for Wednesday.
Monday was set for the trial of GUM
Ian for manslaughter. but Judge Garrett
son will be unable to attend court and it
has been postponed.
The trials of the rest of the indictments
were set for Wednesday before Judge
Vreeland
Columbia Sophomore Dramatic Club.
The Sophomore Dramatic Club OF
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