The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1910-01-21
COURT NEWS.

In the case of Benjamin Dover against
the b. * o r. X. in which an award oI
81 500 in favor of MIR. Fever was made
by Hartford jury one year ago for th,
loss of cattle which contracted Texas
fever while in transit. the Court Of APP
peals has reversed the ruling of the lower
Court, holding that common carriers are
only required to exercise ordinary care
IN the hygienic condition OF their cars
The case was remanded for new trial.
Carver and Young for plaintiff; S. A.
Williams for defendant.
In the case of WOODBURY. Toomer. col.
ored, convicted OF sending threatening
letters to Mr.. A. ii. Strasbaugh. for
which the travers,r is now serving u ten
year term in the penitrntiary. the lower
Court was sustained. Carver tor ira.
verser.
In the case of Pred Dickinson vs..
Spencer H. Wirtz, removed from Balti.
more county, under instructions of the
Court the jury would have brought In "A
verdict for the defendant, hut the plaintiff
failed to answer when his name was
called and non pros was entered.
Albert Ecke and ii. s. Carver for the
plaintiff T. Scott Ofiutt and S. A. VIII.
liams for the defendant.
Ga Thursday the removed case of
Emma A. Goodwin against Sena A
Everett, now Todd, surviving executrix
OF Luther l.. Day. of Long Green Valley
Baltimore county. was taken up, and
occupied the Court until Wednesday
noon. when the jury was discharged
because Of inability to agree.
The facts in this case are us peculiar as
they are interesting. Probably twenty
years ago Luther Day. thrifty but re-
firing farmer. took into his household
Sena Everett. his wiie's granddaughter
by a former husband, and during the
rest of his life she was treated as his child.
In October 1908 he was taken III. dying
the following January. About IA month
before he died he made will, leaving II
fine estate, to his wife Tor lie with
remainder to Miss Everett for life. the
remainder to go to his heirs. hut during
his long illness the testimony went to
show that he had repeatedly told Miss
Everett that the money in the pocket Of
his pants which hung on his led was to
go to her when he died; consequently
alter his death she counted the money
which she SAYS amounted to Sc. $50 This
heirs claiming that it was $1,000 mors)
and appropriated Il to her own use
Mrs. bay during her lie repudated this
gift and required the Exccutrix to hand
over her share of the money. A peculiar
feature of the case is that all the par tics
thereto are dead exce pit Mrs. Todd, whose
mouth was thus closed from testiiying.
The contention of the heirs Is that "a gilt
Of personal properly by word Of mouth
to be ratified by future delivery is not
valid in law and consequently this purse
must 70 into the general estate.
The jury. except this panel. was dis
charged on Monday, and the rema,nir 4
twelve on Wednesday. th'ir per diem
being as follows: A. Lawrence Pcnni.
man, $3.50; Ernest NJ. Millison, SOL 80:
Luther Il. Holloway. $50; Vim. Il. Hitch.
cock. $40; Robert =. Hanwav. $67 so;
Henry { Whitefprd. SOL 40; Thomas n.
Ward. $64; Frederick Nelson. Ss5. 10; A.
Bradford Wiley. $87; c. Bingley Mccain
$50 30; Frederick J. Amos. $40 80; Joseph
Lochary, $6s 10; Isaac Stewart, sos
Everett J. Bradfield. $50 30; John T
Monahan. $s7 40; George II. Taylor,
$97.1O; Hugh Whiteiord. $500; John
K. Duvall, $50 10; William Hildt. SlO7i
Robert Il. l.. Duncan. $l04.50; VIM II
Michael, $s5; Calvin Appleton. $35
Aseph +. Scarborough. $40; John Mckee
SOS 60; John A. Mitchell, 500 20.