The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1902-05-01
THE TURNPIKE LOSES.
The Superior Court Sustains
Lower Court.

the matter Of the proceedings tt
condemn the nineteen miles OF
the Chambersburg and Bedford
Turnpike lying between Bedford
and the Fulton county line at the
top of Rays Hill. This is regard
ed, says the Hawkeye, as a great
victory for the citizens of Bedford
county.
This proceeding was started in
October, 1900, and was contested
on the part Of the Turnpike Com
pany at every step and every
technicality resorted to known to
the law, to delay the final deter
mination of the case. a month
or more was spent in getting a
jury of view and men of the high
est integrity and best judgement
were finally selected Martin V.
Zeth, of Hopewell James l.. Ten
ley, of Broad Top; Oliver p. Ross,
Of Saxton; jacob Clark, of Mann s
Choice; and James M. Kennel, Of
Londonderry; with Frank Fletch.
er, Esq, as master, sat for weeks
taking the testimony and hearing
arguments of counsel. The re-
port of the jury of view was filed
to February term, 1901, condemn
ing the roadand fixing the dam
ages at &5,0S7, 80. Numerous ex-
ceptions were filed to the report
Of the jury attacking the rulings
of the master on the admission of
testimony and his charge to the
jury of view on the question OF
damages. A day was devoted to
the argument of the exceptions
before the court and July, 1901,
the court filed an opinion review
ing the exceptions in toto and con
1irming the report.
From this record q certiorari
was taken to the Superior Court
by the Turnpike Company and an
effort made to set aside the pro
ceedings the same reasons being
urged as upon the original eXcep-
tons to the report of the jury of
view. The paper books filed by
the Turnpike Company contained
all the testimony taken in the case
and an exhaustive review of the
whole case on the question of
damages and that of condemna
tion. The book contained about
six hundred pages. The paper
book on behalf of the people con
tanned about thirty five pages and
was to the point ON all questions
raised.
The case was argued before the
Superior Court in November last
in Philadelphia.
The opinion of the court was
written by Judge Orlady and af-
firms the proceedings setting at
rest the question of condemnation
and holding that the court ruled
properly on the question of dam
ages.
This proceeding was instituted
for over three hundred people,
taxpayers of the county, by Dan
iel S. Horn, Esq, their attorney,
and afterward Hon. John M. Rey-
nolds was taken in as associate
counsel in case; both labored hard
for the successful termination of
this cause and it is regarded as
one OF the most notable legal vic
tories in the litigation Of this
county for years.
The Everett Republican says
''In order that our readers may
not be misled and impressed with
the idea that they will no longer
be reqired TO pay toll tbs proper
To add that the end is not yet
that before that desired ultimatum
will be obtained the requirements
. pointed out by Judge Bailey in his
clear opinion delivered in the case
OF the Commonwealth VS.. h. Ed
ward Smith, will have to be car
ried out, to wit; The matter OF
the appeal by the company from
the assessment Of damages al
lowed by the jury of view will
have TO be tried in the county
courts, to the verdict thus obtain
ed an appeal win be TO the higher
court, after which the whole mat
ter must be su omitted to the Bed
ford County Court for final adjudi
cation From this it viii be seer
that much time must yet elapst
before the road will be free from