The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1910-12-17

At all evening SeSSlcli SOuIl Hcdlu u
argument in support of and against a
motion for new trial by w. H. Har-
Ian, Esq, and John s. Young and AL
bert Constable, Esqs., in Mackin VS..
| the Eyre Shoemaker Company, tried
at the March term, when the plaintiff
was awarded $4,000 damages for per-
sonal injuries, caused by falling sand
bucket on November 7, 1907, during
the construction of the piers for the
new B. & o. r. R. bridge over the
Susauehanna. The motion was over
/ ruled.
TUESDAY.
Court met at o.3o a. m. The case
set for the day, Hugh |. Armour VS..
c. J. Wilson, of Avondale, Pa, for
damages to horse and buggy caused
by collision with defendants automo-
bile, near Rising Sun, on July 4 last,
near Rising Sun, was by plaintiffs
consent postponed at the request OF de-
,cudant until December II. AS no
o;hcr cases were ready for immediate
trial the petit jurors were discharged
until Wednesday morning.
Theodore Panaretoes, of Elkton, was
naturafized after renouncing allegiance
to King George I, of Greece.
WEDNESDAY.
Court met at o.3o a. m. Cross suits
of John S. Mccullough, of Philadel-
phia VS., Celin II. Hilton, of Oxford,
| latter on replevin, had been set for the
day. Mr.. Mccullough had claimed
commissions on the sale Oh farm of
HEton's in the Ninth district and had
| attached his threshng outfit and a
| quantity OF wheat. The attachment
was dissolved on December II, 1909,
and on December II. Hilton replevin-
ed the goods seized from Mccullough,
whom Sheriff Hager made garnishee
Mr. Mccullough did not appear when
the first suit was called, and Messrs.
Crothers and Constable. his counsel.
sought to have it postponed, but as it
| had several times been set for trial,
and Hilton pressed for immediate trial,
| McCullough's counsel took a non-suit
| The replevin suit was tried before the
Court. Messrs Strahorn and Haines,
| fIilton's counsel, entered a demurrer
| w hSSuhbuSl llSd, Nli1u Hot
state the ownership of the goods,
merely saying they were in the hands
OF Sheriff Hager. The Court sustain
ed the demurrer, and Judgment was
entered for Hilton. AS no other cases
Civil or Criminal, were ready for trial,
the petit jurors were discharged until,
Thursday morning.
THURSDAY.
Court met at 0.3o and Ncsbitt VS..
the Cecil Paper Company was put on
trial before a jury Warburton &
Warburton for plaintiff; W. s. and F.
B, Evans ior defendant. The suit was
an action foT damages, brought by
William II. Nesbitt. tenant on the
former Richards farm. in the Eighth
district, now owned by the Octoraro
Water Company, for personal injuries,
sustained on August IL last, when
plaintiffs team OF mules were scared
by ba'cs OF paper stock that had allen
| from defendants wagon and had been
left lying in the road, near the Moore
house, opposite Turner's woods, near
Rising Sun. The plaintiff and his son
were both thrown out. Mr.. Nesbitt
! jindinc about 81 feet from the wagon.
His son caught the mules and drove
the tenn home Mr.. Nesbitt was
treated by DR. Rowland and claimed
that he was seriously and possibly per-
manently injured, suffering chiefly from
muscular trouttc. Not being able to
raise his right arm above his head or
use it for general purposes, He also
suffered from lack Of sleep and was
unable to do much OF the work about
the iarm He was forced to lie upon
one side when resting or sleeping, and
one arm and shoulder gave him con
stant trouble.
Defendants counsel entered a gen
er1i demurrer to the plaintiffs dcclar-
alton. Mr.. F. B. Evans holding that
at common law the roads were the
property OF the King in England and
of the States in this country, and that
as their obstruction was cause for in
dictmcnt, il it became a public nuis-
ancc the facts relied upon by the plain.
tiff must be such as would support ar
indictment. Moreover, in order TO re.
cover, he must allege that he suffered
damages or injury different from that
caused TO the general public The
second count OF the declaration charg.
cd negligence in allowing the faller
bales to remain in the road, but unless
this negligence was culpabc or caused
a nuisance, the plaintiff could not re-
cover. The Court ruled the declara
ton good, as it was framed to support
an ordinary suit for damages such a.
would lie i'll case Oh Il collision. The
second count, while based on the road.
obstruction, charged that the bale!
caused the mules to run away. The
demurrer was overruled, and thial o
the case began and lasted Throughout
TIC day. The petit jurors were dis
charged until Saturday morning.
GRAND JURY DISCHARGED.
The Grand Jury was discharged at
p m. on Thursday, with the thanks 0
the Court after reporting in substanc,
, as follows:-They examined 6 con
stables and 80 witnesses, found 10 tru
) bills and dismissed four cases. In th