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

In the case of Benjamin Dsvcr against
the b. &; o X. r. in which an award of
81, 500 in favor of MIR. Fever was made
| by Hartford jury one wear ago for the
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 Woodburn Toomer, col
ored, convicted OF sending threatening
letters to Mr.. A. II. Strasbaugh, for
which the travers;r is now serving ten
year term in the penitentiary, the lower
Court was sustained. Carver tor ira.
verser.
In the case of Pred Dickinson VS..
Spencer II. Wirtz. removed from Balti.
more county, under instructions OF the
Court the jury would have brought In "a
verdict for the defendant. but the plaintiff
failed TO answer when his name was
called and a non pros was entered.
Albert Ecke and ii. s. Carver for the
plaintiff, T. Scott OHutt 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 as peculiar as
they are interesting. Probably twenty
years ago Luther Day. a thrifty but re.
firing farmer, took into his household
Sena Everett, his wiie's granddaughter
by former husband. and during the
rest of his life she was treated as his child.
Ia October 1908 he was taken III, dying
the following January. About month
before he died he made u will, leaving "A
fine estate, to his wife Tor lite with
remainder to Miss Everett for life, the
remainder to go to hisheirs. 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 lied was to
40 to her when he died; consequently
after his death she counted the money
which she says amounted to Sc. $50 This
heirs claiming that it was $1,000 more)
and appropriated II to her own use.
Mrs. Day during her lite repudiated this
gift and required the EIccutrix to hand
over her share of the money. A peculiar
feature of the case IL that all the parties
thereto are dead excerpt Mrs. Todd, whose
mouth was thus closed from testiiying.
| The contention of the heirs IL that II gilt
OF personal properly by word Of mouth
\ to be ratified by future delivery is not
valid in law and consequently this purse
must 20 into the general estate.
The jury. except this panel. was dis
charged on Monday. and the remainir 4
twelve on Wednesday. tn ir per diem
being as follows: A. Lawrence PENN.
man, $3.50; Ernest M Millison, SOL 80.
Luther b. Holloway. $50; Vim. IS. Hitch.
cock. $40; Robert p. Hanwav. $67 so
Henry { Whitef,Id. SOL 40; Thomas II
Ward, $64: Frederick Nelson. Ss5.i0; A
Bradford Wiley. SS7; c. Bingley Mccain
$50 80; Frederick Amos, $50 80: Joseph
Lochary, $6S 10; Isaac Stewart, 500
Everett J. Bradfeld. $50 40: John T
Monahan, $S7 40; George II. Taylor
S97.10; Hugh Whteiord. $ss.60; Johr
IL. Duvall. $50 10; William Hildt. $i07
Robert Il. l.. Duncan, $lO4.50; VIM II
Michael, $s5; Calvin Appleton. $35
Aseph h. Scarborough. $40: John Mckee
sos 60; John A. Mitchell. 500 20.