The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1905-06-16
INJUNCTION AGAINST
THE PENNSYLVANIA
COMPANY
ALLIANCE NJ EN- PROT ES T
AGAINST CoMPANY'S
DESIGNS.
City Settles Two Damage Suits-A
Peculiar Case in Which City
is Involved.

Peculiar Case in Which City
Is Involved.
Amelia Pluchel, Henry Pluchel, VII.
liam Pluchel, George Pluchel, Charles
Pluchel, Harry Pluchel, devisees OF
John Pluchel, deceased, owners of a
hotel, have filed petition for an in
junction against the the Pennsylvania
Railroad company, the Cleveland,
& Pittsburg Railroad company, and
the Pittsburg, TT. Wayne & Chicago
Railroad company.
The plaintiffs state that they are
the owners OF certain real estate
along the right Of way of the defend.
ants in Alliance. 1t is also alleged
that a sidewalk has been open about
40 years but now the defendants are
about to construct a sidetrack or
switch along the west side of the
railroad tracks and are about to close
up and obstruct the sidewalk and an
injunction is asked to prevent the
work. Judge Amber granted tenn
porary restraining order upon bond
of $1,000. The plaintiffs are repre-
sented by Attorneys Lynch, Day &
Day.
CITY SUITS SETTLED.
When the two damage suits of Ida
o. Schaub and Robert r. Schaub
against the city of Canton were
reached Tuesday in common pleas
court a settlement was made for
$1,000. e.
The plaintiffs sued for total of
s6,335, Ida Schaub asking $4,000 for
personal injuries and Robert Schaub
$1,335. y
Mrs. Schaub in her petition alleged
that December 12, 1908, she fell on
West Fifth street between Cleveland
avenue and Court streets, and broke
both bones in her left leg just above
the ankle joint, and was otherwise
bruised and hurt. The mishap oc-
Cured at an Offset in the sidewalk
of several feet, and II is alleged that
the sidewalk was covered with snow
and ice. Plaintiff further claimed to
be permanently injured. Z
Mr. Schaub in his petition alleged
that he spent $125 for physicians and
surgeons bills, about $100 for drugs
and 5000 for nursing, also that his
wife was confined to her bed for
seven weeks and disabled from look
ing after her household duties. y
The council committee met WITH
Solicitor Hughes in regard to the
proposition to settle and the plan
was approved as it was evident YER
diets would be secured against the
city.
LAND IN QUESTION.
The city is involved in a peculiar
case now on trial In Judge Ambler's
court. The suit is that of the city of
Canton VS.. Jacob Baer of 1928 Charles
street and Is for the recovery of land
formerly a part of that street. The
defendant owns a good sized tract
bounded on the north by Charles
street which was up to a year ago,
60-foot street at the point near
Warner avenue. Baer, It Is charged,
fenced in 30 feet adjacent to his
property and which had been pre-.
viously used for street purposes. The
land was plowed up and but 80
foot thoroughfare remained. It is
claimed by the city that the land had
been improved by grading. digging
cutters, removing trees, and build
ing culverts and that 1t was used for
street for twelve years or more.
For that reason 1t Is alleged in the
petition that the premises were dedi,
Gated to the city for street purposes.
Raer, on the other hand claims a deed
to the property and AYERS that al
though used by the city for street
purposes 1t was never dedicated as
such.
According to the records the thirty
feet open was properly dedicated.
Solicitor Hughes represents the city
and Sponseller & Sponseller MIR. Baer.
DIDN'T KNOW ABOUT 1T. r.
4 In the case of Joseph Miller VS..
William Markley filed Tuesday Judge
Amber granted the plaintiff tenn.
porary restraining order against the
defendant to prevent him from issu.
Ing an execution to collect judgment.
The plaintiff. in his petition, says
that at the January term of common
pleas court the defendant recovered
a judgment against J. B. Steiner and
the plaintiff on an alleged note for
$3.50 with interest, Miller !statel
that he had no knowledge of the note
nor Of the court proceeding until aft
er the adjournment of the term.
Bond in the sum Of 5000 was fixed.
Miller is represented by Attorneys
Shields. Thayer & Pomerene.
GUITAR BOUND OVER.
Frank Guitar was bound over to
the common pleas court Tuesday by
Justice Splitter Manda Vourron of
Marlboro township preferred pater-
nitv charpea apainst Guittar The