The midland journal. (Rising Sun, Md.) 1885-1947, 1910-09-30
CIRCUIT COURT.
(coNTINUED FROM LAST WEEK J

L '
The suit of Thomas M Lort VS.. the B. & o.
r. r. for 50, 600 damages to timber on his farm,
near Leslie, caused by fires in 1908 and 'O9,
alleged to have been started by sparks from
the defendants locomotives, was put on trial
before jury on Wednesday. H. M. McCul-
Tough, Esq, for plaintiff; Warburton and
Warburton for defendant. Mr.. Lort was the
first witness called. He testified that the first
fire on March 49, 1908. burned over an acre of
his woodland, about 200 yards from the rail-
road. The second fire on March 26, 1908,
damaged about Is or 20 acres of timber. On
February H. 1909, another fire burned over or
acres alongside the railroad, and fourth
blaze, on May 8, 1909, covered the front Of his
timber tract alongside the railroad for a
quarter of a mile. The tract contained
chestnut, white and red oak. cedar, pine,
poplar and other trees, and much of it was
destroyed or greatly damaged.
The case occupied the Court until Friday
afternoon, the jury awarding the plaintiff
$l75 damages.
The suit of James F. McKelvey to recover
$500 against the County Commissioners Of
Cecil County, on account of the raise of the
grade in front of his property on the public
road leading from Rising Sun to Gathers
Corner, was taken up on Friday.
The plaintiff claimed that the raise in the
grade, which was over two feet, caused water
to run upon his property and remain there
after every rain, as no provision was made
to prevent this, and other damage was done
his property.
The county maintained the theory that it
was not liable for any change in the grade of
the road unless it had been negligent in the
plan and construction. The court ruled that
the County was not liable, deciding in favor of
the County Commissioners.
According to- the ruling of the Court the
permanent improvement of the public road, if
the work is done by persons over whom the
County Commissioners have no control, is a
matter for which they are not liable if damage
is done. This ruling of Court is an important
one to the county, as several other suits have
been docketed against the Commissioners
The control of the construction and per-
manent improvement of the public roads in
Cecil county is now vested in board COM
posed of seven members, four of whom are ap-
pointed by the Governor.
Messrs. Warburton and Warburton appear
ed for the plaintiff, and Messrs. Hester Hess
and William L. Marbury, of Baltimore, for the
defendants.
Jesse Mace, of Rising Sun, sentenced to the
House of Correction by Justice Taylor, was
released on habeas corpus, the commitment
being defective in reciting that he was a
'sdrunkard'' and not 'habitual drunkard.''
Spencer James, colored, of Newark, was next
tried before jury on the charge of burglary
at w. Walton's store at Iron Hill on August
49, The Indictment contained three counts
one burglary, another larceny and the third
receiving stolen goods. The Court advised the
jury that James was not amenable under the
last count. The State abandoned that and the
second count, charging larceny, and the jury,
about p M, brought in verdict of guilty on
the first count, robbing the store, and not
guilty on the other counts for larceny and re-
ceiving stolen goods. Frank B. Evans repre-
sented James,
The suit of VIM. B. Davis VS.. Edgar J. Davis,
involving title to certain land in the First dis
trict, set for Wednesday, was continued until
the December term and set for the first Court
day after the Christmas recess.
Oscar Coates and Charles Turner, two color
ed boys, II and IA years old, pleaded guilty to
robbing j. n Blacks money drawer at Cecil
ton, on September 10, Of $3.50 and s6.75 respect
lively, and sentence, at the request of their
counsel, 81. M Mccullough and George A.
Blake, was deferred.
State vs.. Maurice Larue and Harrison Boldly,
both colored for deadly assault upon James
Apt, colored, at Rock Run, Port Deposit, on
April q. with, razor and knife was taken up
before jury on Wednesday.