The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1901-12-18
DECEMBER COURT,


attention and therefore no other than
the usual instructions were given.
Judge Pitney announced that Charles
f. Roberts, of Trenton, would be the
stenographer of the court, and Mr..
Roberts was accordingly sworn in.
Licenses were granted MS follows:
Thomas II. Dictator, of Whitehouse,
fee $3.50.
George c. Ball, of Tewksbury Town
ship 800
Jesse W. Weller, of Stockton, $3.50.
John r. Crout, of Franklin Town
ship, Wholesale 300.
The first matter heard by the court
WAS the Lambertvile election contest
wherein John Gallan, the Democratic
nominee for Councilman in the First
Ward, contested the election of Will
liam Lodor, ON the ground that LodGr
was not the regular nominee of any
party, had not complied with the cleo
ton law in legally accepting the NOM
nation, and WAS therefore not qualified
- take his seat rs councilman. Callan
received 126 votes; George W. Naylor,
the regular Republican nominee, re-
ceiyed 25 votes and Lodor received 1873
votes, his name being written in black
pencil or properly pasted on both
Democratic and Republican ballots,
the returns being sent to the regular
County Board of canvassers, which
d. ln FIJI
candidate. The claim of Calan was
disputed on the grounds of INSULT
cheney of the aflidayits presented by
! tho contestant and on further ground
that it was contrary to the constitution,
which guarantees the right of all quail
fed voters to vote for their choice for
any elective office. The Court took
this view of tho case and rendered all
opinion Mt once, declaring William
Lodor to be the regularly elected Coun-
Gilman from the First Ward, as above
stated.
Nos. /, 9, 3, 4, 5and on the Supreme
Court list were put off for the term by
consent. No. 3 on the circuit, Eliza
beth S. Emery Va. Village of Fleming
ton, WAS discontinued by w. G. Parker,
Attorney for the plaintiff
The first case tried was that of Theo-
dore Bells vs. Village of Pennington.
Mr.. Bells owns property on the
northeast corner of Mine and New
streets, Pennington. The Board oil
Village Trustees had an official survey
made of Pennington for the purpose OF
establishing a grade for its streets and
sidewalks in 1896. In the fall of 1900,
Mine street residents, or II majority oil
them, applied to the Board Of Village
Trustees for the official grade, result.
ing in curbing, grading and maca-
damizing Mine street. The grade thus
established raised tho street and side
walks in front of Mr.. Bells property
to such an extent as to damage its value
many hundreds of dollars, aud he
claims damages for this action ON the
fqtseei derShh6lee hm aGts dt4} 5 SG
suit tho plaintiff on the ground that
no law existed providing for the pay
ment of such damages as were sought
by the plaintiff; that the acts by which
Pennington is governed makes no pro.
visions for the raising of money to pny
such damages, even were they award
ed, and that the law under which suit
was brought was law which did not
include villages governed ms Fleming
ton. Judge Pitney delivered an opin
ION sustaining the motion to non-suit
the plaintiff and gave his reasons
therefor. Counsel for Mr.. BELLS will
probably appeal the case.
The Wolf Milling Co. VIZ. Frank
Wolff, was an action in eiectment to
recover of the defendant the costs con
sequent upon the eiectmcnt proceed
ings. The court directed the Jury to
find for the plaintiff.
Number on the Circuit Court list
was then taken up and this was an
action brought by Mary A. Cramer ys.
the Borough of High Bridge for dam
ages in putting the sidewalk back upon
the front of her lot, covering up her
well, spelling tho water and making if
necessary for her to put in borough
water. The court held that the tres.
pass complained of was upon land that
had been dedicated to the use of the
public, and if damage was done in
making the change in the curb and
sidewalk the plaintiff cannot recover
more than it would cost to mako the
change that would be necessary to put
her property back in its original con
dltion. The trees that were destroy
cd, if destroyed without warrant.
must be paid for at their fair value.
The Judge decided there was no cause
for action and the case was thrown out
of court
The jury was discharged till Wed.
nesday, the 18th inst, when indict
ments will be tried
No. on the Circuit was taken nm
and tried by the Court, jury having
been waived.
The causes growing ont of the fire at
Glen Gardner were all set down to be !
tried December 90, 1901.
On Monday the following persons
under indictment were charged:
Henry butcher, indicted for assault
and battery, pleaded not guilty.
Shelley Crump, indicted for assault
and battery, pleaded not guilty.
The Grand Jury came into Court on
Thursday, December 10, having found
seven bills.