The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1905-06-27
Court.

QDlSneQ Wnen court duJOuAHOo' wv 8
NJ. Bacon, Spencer Simpson and clarence
T. Atkinson appeared for the complain
ant. and T. Logan Gaskill represented the
railroad company.
In opening his case Mr.. Atkinson said
this suit was an action in ejectment fol-
the recovery of a highway which the
railroad company had fenced In. and that
he would prove that the same was pub
lie highway. To this end he had sub
p9naed over sixty witnesses, several being
old residents of the town, and by them II
was shown that the road, which is oppo-
site the railroad station, was used as a
public highway for more than forty years.
The trial was to determine the ownership
of this piece of ground.
A map showing the disputed property
was verified by Henry S. Haines, a civil
engineer. of Burlington. Asked as to the
age of some trees skirting the property.
he said that on a conjecture they were
about 35 years old.
On cross examination Mr.. Haines said
he was familiar with map made by Sam
uel Bechtold some time in the ffties.
Not having examined the map with that
end in view witness was unable to tell
whether or not it showed any street at the
enclosure. us not the fence line coin.
cident with the railroad company's line by
right of deed 2" asked counsel II don't
know" replied the witness. Mr.. Haines
said about four years ago he was employ
ed by the Camden and Trenton Railway
Company to run a line through the town
of Riverside. He did not run the line so
as to avoid the ground marked In the en-
closure. Neither would he hesitate to
run line across the property of the Penn
sylvania Railroad Company. He would
run it where he thought it was best to do
so, and the interested parties could settle
the matter afterwards.
Henry Wolfschmidt was born in River
side fiftY-two years ago. He is familiar
with the land in question, and has seen
people pass over it for at least % years.
Witness recognized a photograph of
building erected there many years ago
The material for the house was carted
over the land in dispute. The municipality
has made repairs on that road. He has
seen men working there and he had been
engaged there himself, having been EN-
ployed by Philip Smith. member of the
township committee. He could not tell
who planted the trees. Witness has been
walking across the land since he was a
small boy, and the use of the ground has
been continuous since that time.
On cross examination the witness said
the town was originally called Progress.
and was laid out by Samuel Bechtold.
The original platform was on the north
side of the tracks on the inside of the
tracks of the present enclosure. The old
station was moved across the street and
used as a dwelling house. Witness had
worked on the road in front of the Dono-
van and Bramall residences.
Adolph Snow, aged 65 years, has always
used that property as public road. He
saw the trees planted by Mr.. Stults. a
section boss, for whom he worked. He
left Suits ten years ago. People used to
drive and walk up to the station when it
was located on the space occupied by the
present enclosure. The one platform
served for passengers and freight. Far
mers would drive by that way whether
they had occasion to go to the station or
not.
James Bramall. ST., said the house |
shown in the photograph was erected
about 40 years ago He built house
next to Donovan's 80 years ago. Several
houses had been erected there before his |
He went right across the road in going to |
and from his property. The public has |
used the road for 40 years. He had seen |
it repaired with refuse from the gas house |
So years ago. Mr.. Hubbs was oveIseer of
the roads at that time and he did the job !
Witness gave the names of several persons |
who had hauled materials over this road |
for him.
On cross-examination witness said the |
character of the road was sandy on top. |
About 80 years ago cinders, gravel, old |
bricks and anything available were put |
there to fill in by the township, and the |
people had put some stuff there Oyster |
saloons had been conducted in front of |
the station by-men named Thornbeck and |
Miller, and they put many shells on the |
road. No materials used in the construc- |
ton of buildings erected by witness were
carted from the station.
William Gilbert, 66 years old, had been |
in business at Riverside for fifteen years. |
retiring about ten years ago. Thousands |
of loads of farm produce had been carted |
through the disputed street to his boat at
the wharf, and by him taken to Philadel- |
phia. The thoroughfare had been i'm
proved by the township and he had
worked on the road himself.
On cross-examination Gilbert said he
had seen many teamsters cart over the
centreof the road, which was further out
in the road than where the trolley track is
located. There is a slope at this point,
down which water runs to the railroad
LTdck. nc CluucIS, OJSICI dAO
other materials were put there to fill up
the washout There are two openings in
the fence and two we'll beaten paths lead
ing to the station. The openings were
put there for the accommodation of the
people desiring to reach the station.
At this PORT the signature of Ex-Sena-
tor Mitchell B. Perkins to document was
accepted as genuine by the attorneys for
the complainant, and the trolley magnate
was permitted to retire.
Asa c. Roberts has been at Riverside
during the past 40 years. Being farm
hand years ago he drove team over the
disputed land. He has met wagons there
and there was enough space for two or
three wagons to pass each other. He has
seen men carting trash from the glass
house to that point, which had been used
as a wagon road since 1880.
During the noon recess a jury was
drawn to try the case of Charles Camp. of
Florence, VS.. the Pennsylvania Railroad
Company, to recover $4,000 damages for
injuries sustained by falling down a coal
shute at the railroad station in Burling
ton. Later on, however, Judge Endicott
found that the case could not be tried on
Friday, and it was put off for the term
and the jury discharged
worked around and drove a hack to the
station. When the latter was removed
many people used that road as public
oroughfare. There had been freight
carried to the land now fenced in.
| Henry Daubel was familiar with the
| land, having played there when he was a
boy. He has used the footpath there for
| 35 wears, and has seen lots of wagons
there There was more land there in
wears gone by than there is now, because
every time the track was changed it was
moved further north. The fence was
erected about four years ago. Passengers
to and from trains passed over the prem
| ises.
Charles Hammell. Jr., used the road in
1865 He had driven wagons over the
road to the boat. When boy there were
three or four wagon tracks on that
thoroughfare.
Charles Hammell, Sr, has not been
around there much since 1868. He took
lambs and calves through that street, be-
longing to neighboring farmers, and the
road was wide enough for three wagons to
pass.
Samuel Richmond, by reason of his re-
siding in Delanco, was not familiar with
the land. He said William Gilbert ran
the packet, and that the bridge from Riv
erside to Delanco was built in 1870. After
that he saw teams coming to the boat, and
saw them use the disputed road as he
walked by.
In his boynood days Adam Kreps drove
a butcher wagon for his mother. The
road was always open and its entire width
was used by the public. He had seen all
kinds of wagons go by there 95 years ago.
He had seen gravel placed on the road.
He worked in the gravel pit and was paid
, by Mr. Hubbs, the road overseer.