Montour American. (Danville, Pa.) 1866-1920, 1910-11-03
THE COAL DIRT
CASE ON TRIAL

Court convened at 10 O'Clock yester.
day morning with President Judge G.
@. Evans and Associates Blee and
Welliver ON the bench The case ut
/ sophie g. Eckman vs. the Lchigh and
Wilkes Barre Coal company. an action
in trespass, Immediately went on trial
The case has brought out u most
notable array of legal talent. The
| plaintiff is represented by Hon. H. NJ.
Hinckley, Edward Savre Gearhart and
l.. g. Mensch. At the defendants 5
table are seated former Judge f. W.
| Wheaton and 4. l.. Williams, of Luz
eIne county; Daniel ". Kaercher, of
Pottsville and William Kase West Of
| this city. Seated at the table also is
II g. Mason. land agent of the Lehigh
| & Wilkes. Barre Coal Go.
Among others representing the de-
| fendant present at the trial is Edward
J. Newbaker, superintendent Of the
| Lehigh q Wilkes. Barre mines.
The first witness called was Sophie
G.. Eckman, the plaintiff. Sue is the
widow of Col G. w Eckman and
owner of the farm described in the
statement of the case. She purchased
the farm in ls93 and the year follow.
ing moved ON to the place.
Lying between the railroad and the
river is about twenty-five acres of
land, which before the alleged injury
Welded fine crops In December 1901,
in February 1902. and again in 1904,
heavy floods occurred, which left a
deep deposit of coal dirt on the great
er part of the tract, raining the soil
and making it impossible to raise any
thing like a full crop. IT, W. Wheaton
conducted the cross examination.
There are l3O acres in .he farm. The
witness was born and raised on the
farm and she recalled several great
floods on the North branch. Principal
among these were the floods of 1865
and 1873 The flood of February, 1902,
was higher than the one in December
preceding. The food of 1904 brought
the highest water 1t was the last
three floods which. it was alleged,
brought down the coal dirt and ruin
ed the tract of lowland between the
railroad and the river.
The second witness called was viii
liam G.. Yetter of Catawissa, survey
or and engineer, who on July 10, 1906,
made "A survey, which was reduced to
blue print and offered in evidence
yesterday. The tract alleged to be
damaged contains 10 six-tenths acres.
J. G. Brown of Bloomsburg, survey
or aud engineer, was the next witness.
On October 2S, 1910, he made sur
vey. which was later reduced to blue
print. The latter was also offered in
evidence. Mr. Browns survey in part
was based on the one made by Mr..
Yetter.
Clarence Cleaver, formerly assessor
of MaybeIIy township, was an import
ant witness. He explained that while
at some spots on the tract there seem
ed to be no coal dirt at other places it
lay six inches deep. At still other
places, where hollows occurred the
deposit of culm was a foot or more in
thickness. The witness testified as to
, the value of land before and after the
floods occurred, which, it is alleged,
deposited the coal dirt. The assessors S
books were offered in evidence.
Tuesdays Proceedings.
| Two days have already been occupi.
ed by the plaintiffs side of the coal
dirt case brought against the Lehigh
and Wilkes Barre Coal company by
Mrs. Sophie G. Eckman, and when
court adjourned yesterday afternoon
one witness still remained to be heard.
/ 1t was 3 30 O'Clock when, on proceed.
I ing to call an important witness, and
/ the only one for the plaintiff that re-
mained to be heard, it was discovered
/ that he was not on hand. A consulta-
! tion followed, when it was agreed
that court should adjourn and that up
/ on reconvening, at 8 O'Clock this morn
| ing, the remaining witness should be
heard, after which the defendant should
open its case.
A large number of witnesses were
examined yesterday. The attorneys for
the defendant were very vigilant and
the witnesses were held down to what
was relevant and material. The cross
examination in the main was conduct
ed by former judge Wheaton and was
very searching. The testimony adduc-
ed was as follows:
Thomas Elmes, who in 1897 farme d
on shares the tract on the Eckman
farm alleged TO be damaged by coal
dirt, testified as to the falling off in
fertility. He fixed the depreciation as
it affects the whole farm at $3500
Jonathan foreman, who ownes a
farm adjoining the plaintiffs. was the
next witness, confirming preceding
testimony.
William Vastine testified as to the
depreciation of property due to the
presence of coal dirt. Previous to 1901