The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1903-10-14
OCTOBER TERM OF COURT.
McConneIIsburg Water Company's Suit
against the Borough, Continued.
LONGEST TERM HERE IN MANY YEARS
DR.. Trout's Heirs vs.. the Waynesboro, Green
castle, and Mercersburg Turnpike Co.
Verdict for Plffs. S3;6O0.O0.

1t has been several years since a
Fulton county court continued in
session more than week. 1t re-
quired considerably more time to
clear up the criminal business last
week than is generally the case,
the civil business not being taken
up until its conclusion.
In the case of the Common
wealth vs.. James, Cleveland and
Sarah Deshong, charged with theft
on oath of j. X. Tritle, the grand
jury returned not true bill, and
placed the costs upon the prosecu-
tor.
Commonwealth VS.. Leslie w.
Seylar, charged with furnishing
intoxicating beverages to Kennels
Cooper, minor, oath of James
X. Cooper. The prosecution sub
mitted evidence to show that in
August last and again in Septem-
Der Kennels Cooper had procured
liquor at Mr.. Seylar's hotel in
McConnellsburg. The defendant
admitted having served the liquor
but claimed he had used reasona-
BILE diligence and care to ascertain
the young mans age before doing
so. From the evidence he pro-
duced the jury were evidently of
the opinion that he did, for they
found him not guilty and placed
the costs on the county.
The suit for damages instituted
by the late DR.. William F. Trout
and continued by his heirs against
the president and managers of the
Greencastle, Waynesboro and
Mercersburg Turnpike company,
took up the remaining portion of
the week after the criminal busi-
ness had been disposed of.
This was the first civil case on
the docket. After empaneling the
jury Wednesday evening court ad-
journed until 8 o'clock Thursday
morning, when the taking of testi-
mony was begun.
Following is a brief statement of
the case as alleged by the plaintiffs:
In company with Charles H.
Wissner, DR.. Trout was returning
from Mercersburg one afternoon
in June, 1898. Near the top of
the mountain there was being op-
Grated by Richard McFadden a
wood chute. In passing this chute
DR.. Trout's horses became fright
ened and ran away. The occu-
pants were thrown out of the ve-
hicle and, it is alleged, DR.. Trout
sustained injuries that later were
responsible for his decease. The
plaintiffs further alleged that the
roadway at this particular point
was not in safe condition, and that
the turnpike company should not
have allowed the wood chute to be
operated on or so near their prop
erty.
They sue to recover damages to
the amount of ten thousand dol
lars.
In summing up its side of the
case the defendant company ar
gued that Mr.. McFadden had
right to use his chute on his own
land, which abutted on the pike,
and even use the side of the road,
that the roadway at that point was
reasonably safe, that the plaintiffs
had not proven that DIR. Trout's
death resulted from injuries re-
ceived in the accident, and that
they could not recover damages
for these and other reasons set
forth.
Taking of testimony in the case
was begun Thursday forenoon and
was concluded on Saturday even
ing when court adjourned at 5
o'clock.
The plaintiffs were represented
by Messrs. Alexander, Sharp and
Elder, and the defendant by
Messrs. j. Nelson Sipes, Bowers
and Rowe.
The jury was, George Mock,
Charles A. Runyau, M. E. Barton
]. Riley Lynch, Prof. 3. c. Lam
berson, A. G. Lauver, VIM Sigel,
Jacob Spade, J. M. Roddy, II. X.
Baumgardner, George llcefner,
and Reason Younker.
J All of MONDAYS session was