The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1906-05-15
Court.


ford, against the Pennsylvania Railroad
Company, was tried before Judge Joline,
on Saturday. The action was brought to
recover damages for the injury to wag
on, which was struck by the cars about
midnight on October II, 1904. Dennis
Henry was the driver and the accident
happened at crossing near the Hartford
station. The suit was for $10115. OF
this amount $48. Is was for damages to the
vehicle, and $500 for wagon hire while
repairs were being made. The suit was
based on alleged failure of the engineer
to give the proper signals by ringing
the bell and blowing the whistle. The
plaintiff claimed that the signals were not
given and the defendants gave testimony
to the contrary. After celebrating brief
ly the jury rendered verdict In favor of
Lippincott for the full amount of his claim.
The next case was that Of ]. Colby
Montgomery, of Pemberton, vs.. The
Pennsylvania Railroad Company. He
wanted damages because the defend
ants would not surrender to him, with
out storage charges. bundle sent him
from Philadelphia by the five cent ex-
press system.
Samuel w. Shinn, in opening the case,
said the railroad company undertook to
deliver suit of clothes at Pemberton for
five cents. 1t was received at that station,
and when Montgomery signed receipt
for 1t, the package was withheld until he
paid storage charge OF ten cents. The
clothes are still at the PembertoR station.
Counsel said 1t was for the jury to decide
if his client was not entitled to that pack
age without paying any express and for
damages for the trouble to which he had
been put.
]. Colby Montgomery said he was fire.
quently at the railroad station. The suit
was ordered on November %, 1905, and
was valued at $1,000. Being notified on
December IL, that the package was there.
Montgomery applied to Agent Benjamin
johnson for it. He refused the latter's
demand for ten cents extra. Mr.. Hay
wood, the ticket agent, said: demand
ten cents before you can have the pack
age" Because of this refusal to get the
suit of clothes, Montgomery was compell-
ed to purchase another, which also cost
him $22.00, ninety cents for carfare, din
ner 70 cents, and trolley .carfare eight
cents. johnson said the ten cents was for
two days storage charges, which was a
rule of the company.
Benjamin johnson took the stand and
said he had been the baggage master and
assistant freight agent at the North Penn
berton station during the past forty three
years. The package arrived on the 9th or
10th of December. On December IL wit
ness handed out the package to Montgom-
cry, but he didn't get 1t, as he refused to
pay the storage.
Montgomery was recalled and said that
the 9th fell on Saturday; Sunday was the
10th and he was not notified az to the ar
rival of the package until the 18th.
T. Logan Gaskill then moved for nom
suit on the ground that there was no proof
whatever that any act on the part of the
company subjected 1t to damages. The
package was not retained an unreasonable
time. There was no evidence to show
that the company was enforcing unreason-
| able regulations. The motion was denied.
Benjamin johnson was made the prin-
cipal witness for the defence. A card Of
fered him by counsel was identified. This
card had been posted in the station in De-
cember, 1905. 1t contained notice rela.
tive to the transportation of packages by
the five cent rate and of the fine to be i'm
posed il they we're not called for within
twenty four hours. johnson said he was
not required by the rules to notify people
of the arrival of packages.
The contention of the complainant was
that under the law the company must
store and safely hold package for a
reasonable time without extra charge until
it is called for. Reference was made to
the fact that Saturday was half holiday,
Sunday was also holiday and upon learn
ing that the package was there on Mon
day he went after it.
Judge Joline said it was matter en-
tirely for the jury to decide as to whether
or not the rule of the company was un-
reasonable. He would not allow damages
for more than $22.90, and this amount
was awarded to Montgomery.