Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1902-01-16
LEGAL NEWS.
NEW SUITS.


H. Chambers. petition for divorce.
Cathariae Kelly and Elizabeth Kelly
widow and minor daughter of Thomas
Kelly. decd vs. Butler borough.
The action is laid IN trespass and
$1,000 damages are claimed The Kelly
live on West Penn street and Mrs. Kelly
and her daughter Lave recently been
sick with fever. They claim their i'll
ness was caused by fumes rising from
the Penn street sewer which was broken
by the big flood of last August and now
seek recompence from the borough.
Andrew Wahl on Wednesday filed
bills in equity against Jacob Stokey,
Lewis n Stokey and Ezra Liken to
compel the defendants to make him
deeds for the coal under their farms in
jackson township at $25 an acre, as per
agreements made by the defendants
with J. A Eichert and J. II Wilson
and assigned by the latter to Wahl.
Liken was to receive $15 per acre.
Edwin Meeder, assignee Of w. E
Wilkins vs. Samuel c. Ramsey, assump-
sit for $500, to which amount Meeder
claims he is damaged by Ramsey refus-
ing to pump an oil well located on
Ramsey's farm in Jackson twp. IN
which both men had interests The
well was struck last July and II Is
claimed did 45 barrels day.
TRIAL LIST.
The damage suit Of II. T. Grossman
VS. Slipperyrock township, Jas. Martin
and Robert Ralston, supervisors, was
ended by the Court ordering a non-sult
to be entered against the plaintiff.
Three years ago while Grossman was
driving along a public road during a
snow storm what is alleged to have been
a wild and infuriated heifer ran into
Grossman's horse, causing it to scare
Grossman was thrown out and his
shoulder badly injured The non-suit
was entered on the ground that the
owner and not the township, was liable.
The heifer belonged to a Mr.. Ralston.
The case of John McQ. Smith vs. the
P. B. & L E. Ry. Co. and Butler and
Plankroad Co for $4,000 for
damages done to Smiths lot by filling
the space under the Plankroad bridge
between the bridges north abut-
ment and the railroad went to trial Fri
day. but was discontinued Saturday as
to the Plankroad Co. on the plaintiff
motion. The r. r. Co. then pleaded
and the case was carried over
until March.
In the case of A. 3. Hamil VS. Henry
c. Welsh, in which Hamil sued for $500
as his share for cropping farm for
Welsh in Penn twp, the jury returned
a verdict of $l45 20 for the plaintiff.
The assumpsit suit of the New Castle
= - II fnk
Mrs. Maggie Mckinney, TO enforce pay
ment Of a note signed by Mrs McKin
ney, the jury returned verdict for the
defendant
A compulsory non-suit was ordered |
by the Court in the case of w. b. Den
nisto VS. the New Castle Gas Co and the
Fort Pitt Gas Co. The defts. leased
Dennistons farm in Worth twp. and
drilled a~gas well which they claimed
wss too weak in pressure to use. Den
niston claimed the well had go pounds
minute pressure and sued for two years
rental.
The suit of Mrs. Emma Cypher VS.
Michael Callahan resulted, Tuesday
in verdict for the plaintiff
for all the goods claimed except the
moving machine. Callahan sold
Cypher's farm stock, etc. at Sheriff |
Sale for debt due him by Mr.. Cypher
Then Mrs. Cypher claimed the goods
and sued Callahan, with Tuesdays re-
suit.
The suit of G. F. L. McQuistion.
surveyor, vs. Ulrich Winters for pro
fessionat services in preparing for
Winters suit against the 2. q w. rail
road for damage to his mill property q
resulted in verdict of 1892 30
for McQuistion. Winters defence was
that his attorneys We're to pay the sur
veyors out of the money he had given
them Winters verdict against the
was S4S00.
The case of Robert Krause, trustee in
bankruptcy, VS. NJ. B. Dittmer and
Catharne Dittmer, his wife, resulted in
a verdict for the plaintiff for the full
claim. S640. which the trustee claimed
Dlttmer nau given to his uiso- -eha-day
before going into bankruptcy.
The assompsit suit of B. p. Burton of
twonship VS. the Forest Oil
Co. has been on trial for the last three
days.
NOTES.
A motion for new trial was made
by the plaintiff in the case of j. Nc
Dowell VS. G.. Schenck.
In the divorce case of A. Charles
worth VS. John E. Charlesworth mo-
tion was made to appoint commission
to take testimony outside the State.
In the estate of John Dolan, decd, of
"a petition to sell real estate
for the payment of debts was granted
and a citation awarded on Catherine
Reilly, adm x, to show cause why letters
of administration to her should not be
revoked.
Joseph Fererro of Cherry twp has
been released from jail
william Hepler, an old soldier, has
been granted peddlers license.
In the equity suit of the School Dis
trict of Parker township VS. that of
Bruin borough, decree to make an ac-
count OF the Indebtedness Cf the Parker
twp. district at the time of forming the
Bruin district and the amount thereof
be equitably adjusted between the two,
and also an account of the real estate of
the township to be taken and if an un
due amount fell within the borough
limits, statement Of the amount to be
paid by the borough to the township for
it.
Letters of administration on the estate
of George Howenstein of Middlesex
twp. have been granted of Jacob How
enstein; also on the estate of Lydia Roe
of Butler twp. to Thomas P. Roe; also
on the estate of Margaret Zehner of
Zelienople to Charles Zehner.
The will of Sarah McClellen of But
Ter twp. has been probated, letters TO
Mary A McClellen.
Ralph Gregg of Butler has petitioned
for transfer to him of the tavern license
granted to John S. Byers for the Central
House, Petrolia. J. NJ Mcnamara and
L. w. Kelly are offered as Greggs
bondsmen.
Thursday afternoon Daddy" Gregg
and George Sutton, had a collision of
cabs at the corner of Main and Cum
ningham streets. Both were driving
north, Sutton having Louis Weisburg,
wife and child as passengers and Gregg
having Lev McQuistion. Gregg was
on the eastern side of the street. AT
Cunningham street he turned west to
take Mr.. McQuistion home driving in
front of Sutton. Gregg's rear wheel
caught Suttons front wheel and dragged