Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1903-01-08
LEGAL NEWS.
NEW SUITS.


summons in trespass for $4,000 dam
ages The plf is the husband of Mrs
Catharine Bailey of Clarion county. who
was tripped by a loose plank in the
walk in front Of Yost's property on
! Cleveland St, in Nov 1901, and had heI
hip broken, for which Mrs Bailey has
already recovered a verdict for $500
against the boro. for the injury.
Lizzie Weiley VS. Rebecca L. Moore,
issue to determine validity of the will
of Nancy Gibson, decd, of Clinton twp.
On Nov. 13. 1902, Lizzie Weiley fled a
writing, purporting to be the last will
and testament of the decedeht. A cav
veat was filed against its probate by Re
becca L. Moore, a daughter OF Mrs.
| Gibson, who alleges that the writing
was obtained by duress. constraint and
fraud, and jury trial will result. Mrs.
Wiley is also daughter of Mrs. Glib
SON The will was written Nov. 20,
1901. by Harvey w. Logan. who, with
John Jack, witnessed it. BY its terms
everything is left to Mrs. Weiley and
she is appointed executor, ignoring
Mrs. Moore.
| SUPREME COURT DECISIONS.
|
Philadelphia, made large number of
decisions, Monday, of which the follow
ing are of local interest:
Miller ct al VS. Mackey, decree revers-
ed and bill dismissed at cost of appel
lees.
Shaffer ct al VS. borough Of Harmony,
| Judgment affirmed.
Hilliard et al vs. Donnelly, appeal
| from Gunarior (i0nrt rafUsp6
Burton VS. Forest Oil Co., affirmed
Appeal of Anderson, decree of lower
| court, affirmed.
The decision in the Miller eft al VS.
Mackey case means that Walker Ave
will not be opened to Centre Ave; that
in the Shaffer VS. Harmony means that
the boro must pay Mrs. Shaffer the
amount awarded by jury for injury
resulting from an accident on a side
walk.
Among the decisions made by the
State Supreme Court, Monday was one
in the case of the city of Pittsburg
against the Sterrett sub-district school,
in which it is held that school district
cannot be held liable for a street i'm
provement An appeal was taken by
the city from Common Pleas No. 3 of
Allegheny Co. and the judgment of this
court is affirmed. In pat the court
says:
IAN assessment pays for a public,
though local, improvement. 1t there
fore relieves the public from the ne
cessity of contributing to the cost or ex-
pense OF the improvement. 1t public
property purchased by funds raised by
taxation is subjected to assessment for
local public improvement it is the
public paying the public, which clearly
discloses the absurdity of the PROPOSE
ton. The fact that the benefit of the
exemption would inule to the people of
only portion of the territory which
produces the revenue from which the
property is purchased cannot affect the
right to exemption.
The Supreme Court at Philadelphia,
Monday, reversed the Allegheny County
Court in the case of the City of Pitts
burg against the Pittsburg, Carnegie &
Western Railroad, otherwise known as
the Wabash This means that the rail
road must now get the consent of
councils before it can continue the work
begun on its terminal in Pittsburg.
Justice Dean, in his decision. said the
entire question involved was embraced
in the right of railroad company to
occupy and cross streets of a municipal
ity without consent of such municipal
ty. The company wished to so cross
and occupy streets without consent; just
what streets it requires is not necessary
to inquire.
The court was of the opinion that if
the act of 1868 forbids mere crossing of
city without its consent. then, to that
extent, it is in conflict with the consti-
tuition, and the statue must give way.
At the adoption of the constitution no
legislature conferred such power on
railroads as claimed here. The act of
1S49 and its supplements and the act of
1868 express the scope and limits of
their powers at the time of the adoption
of the constitution. That instrument
would not enlarge these limits unless
intention to do so was clearly expressed
or plainly to. be implied.
NOTES
Alfred Roettig was placed in jail New
Years day for surety OF the peace.
w S. Spence is awaiting trial for
violating the boarding. house act.
James T, Marshall of the r. of
Penn'a law school, who has been pitch
ing and playing half-back for the Var
sity, was admitted to the Bar, Friday
James Clinton was sentenced Friday
to pay the costs and fine of S. for
a6Sb
The license for the Hotel Ferguson
was transferred Friday to the new
Lyndora House built by c. H. Gels ON
Frank Kohler's place.
Clerk of Courts Graham has register
ed as law student.
Private sale by Andrew Mcbride,
guardian of Mary OBrien, decd, of
an interest in property in Homestead to
Mary A. Cotler and Ellen O'Brien for
$4,000 was approved.
Application for transfer of the Grand
Central Hotel, Zelienople, license will
be heard Saturday, Jan. 10.
Last Friday Alfred Roettig, young
carpenter whose home is said to be in
Chicago, came to Butler from Sharon
where he was working, went to the
house of ]. A. Horton on n Main st.
asked for Miss Mamie Horton and de-
manded of the young lady some presents
he had given her, threatening personal
violence if they were not returned
Miss Horton called her father who help
ed Roettig into the street and later had
him arrested on charge of surety of
the peace just as Roettig was about to
board an outgoing train. Through At
torney R. p. Scott, Roettig applied for
a habeas corpus Saturday the case was
heard and Roettig was ordered to pay
the costs and enter his recognizance to
keep the peace.
Residents of Middle Lancaster, Por-
tersville and most of Muddycreek town
ship received no mail Saturday because
H. B. Mckinney, the carrier on whom
they are dependent, was brought to
Butler Friday evening by Deputy Hoon
to comply with sentences of costs in two
old oleomargerine cases. Mckinney de-
stributes the mail on Route 80 between
Harmony and Portersville and also car
ries that for routes Al and AZ to Porters-
vile, where it is given to the distribut-
| ing carriers. Every morning he leaves
Harmony with two horse spring wagon
with mail; his team is furnished and kept
| by himself as is the case with other rural
| carries. He receives $50 per month
| He earns IL all and has Dothinor loft aftar