The Birmingham age-herald., 1911-04-30

1 excelsior and brown paper. A train hand likewise dropped a few water melon rinds on top of the trash pile and went his way serene. | Some weeks passed and MT. Selheimei l filed suit for nuisance damages against the railroad, claiming that he himself ] his wife, his children, his servants, his animals and even his fowl were ren- dered suffocatingly i'll from the odors emanating from said trash pile. Fur thermore he alleged, six of his chick ems died outright as result of feed ing from said trash pile, the water melon rinds whereof were infested, he claimed, with maggots and he, to-wit had accordingly had no chicken to eat all last summer and suffered therefor mental pain and physical anguish to the | extent of $2000.
 Thus was the suit filed MT. Stone in- vestigated the case. | The 5000 trash pile, meanwhile became | the exposure of all eyes. Farmers trav- eled miles to see it, and all hands of the 1 Ellen N. pointed 1t out as the cars rolled by it.
 There's that pile O trash they're gone | to court about"
 'There's the junk going to cost the FL len N 5000
 There's old Selheimer's commissary," etc, etc.
 The morning the Louisville and Nash vile claim agent landed the2e an old darkey was standing near the railroad | track. The pile of trash had dwindled down to next to nothing; the watermelon linds had long since vanished into thin air. Not an odor was perceptible, save from the other side of the tracks, where the plaintiffs stable, COW yard, chicken house, garbage pile and pig pen sprawled in the deadening, and-"smelt to heaven The Selheimers house stood just beyond. Wonder, directly north of the depression where the trash pile was located was miry dank-smelling ground, breeding place of mosquitoes and malaria.
 Altogether a typical Alabama railroad side homestead" MT. Stone took in all his bearings and made a diagram trac- ing the course of odors as waited to the porch of the Selheimer dwelling.
 He talked with the old darky quite a piece: "John, did any chickens die around here last summer?"
 Louisville and Nashville Watermelon
 "Yas, bos, dey suttinly did," respond ed old John, de cause am mysterus. Dey was all feedin' aroun' an about jis' ez usual an dey stick mighty close to dis yere l.. and N. trash pile, curyuS like, an all roun' an about. f1xin fo' to eat de watermillyun rinds de railroad 0one put dar.
 An fust thing yo' know dem chick ems done ct dat railroad watermillyun and dey been taken powful sick. all of a suddint like.
 'I never seed chickens took so pow'ful bad. Dey went around kin O like dey had de pip, only it affected dem wuss'n de pip. One lil' dominicky he jes' tuck he head right down droopin' like. Dem chickens suttingly was sick.
 De boss he say he know what de cause of it was. It was dis yere j.. and N. trash pile. An he say dey is maggots dem chickens done et An sho' huff dat's what it was.
 "It was maggots
 "Dem chickens had jes gone an stuffed 'emselves plumb full of maggots outer de watermillynu rinds.
 An dey took an died. Wasn't no savin' of 'em. Dey took an died, boss six or 'em did-de six bes' of de whole push.
 An de boss an all de folks, dey jes hev to make de best of it. Couldn't get dem chickens back"
 Animal, Vegetable or Mineral
 With claim agents quick discernment MT. Stone saw that the whole proposition resolved itself into the question:: Were decaying watermelon rinds ever apt to be infested with such beasts as maggots?
 Just what was the precise definition of watermelon? Its .. Kingdom .?
 To determine that watermelon was classified as neither fruit nor a vege- table, but both," and, that, decaying, it turned just how were findings he in- corporated in his official report of said answers.
 The case by the way was closed just the other day. It was dismissed by the court
 Hic jacent the chickens.