The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1911-05-30
Court.

| up the trial of supreme court issues.
| The drst case ready was that Of Irwin
| Kollo against the township Of riverside,
| which was an action brought by the
| plaintiff to recover 1925 for extra
| services performed and expenses in
| Cured while he was township clerk for
three years beginning with 1908, for
which there had never been any COM
pensation and reimbursement Accord
ing to the minutes of the township COM
mittee when Kollo entered upon his
term the salary of the clerk was to be
$500 year, this not to include extra
services. The suit was the outcome of
the tremendous amount of extra work
done and money expended by the clerk
in connection with the installation of
RiveTside's sewer system. Kollo de-
voted considerable time and paid out
of his Own pocket for postage, tele-
grams, telephone calls and car fare nee
essary during the muddle that gave
Riverside about all it wanted to handle
at one time. A special set of books had
to be kept for the sewer project and 1t
was KOllO's claim that the entire trans
action was in the nature of extra work.
In Kollo's office 107 extra meetings of
the township committee were held and
part of the claim in the suit was for
rental, but the court excluded all testi-
mony upon that point, as there was moth
ing to show that there was any neces-
s1ty for holding the meetings there and
that koIlo had any reason to expect
rental. Asked as to the actual amount
OF the expenses incurred, the plaintiff
could not present any books of original
entry in substantiation of his claim,
but said he would have to depend en-
tirely upon his memory.
The defense brought out the fact that
there was no record OF the township
committees having constituted itself
sewer commission and all meetings
held to consider the sewer matter were
really extra committee meetings. Two
claims of $1,000, covering the amount
of the Indebtedness and presented to
the old committee by Kollo, were
offered in evidence, but no original en-
try slips accompanied them. The de-
Tense showed also that there was moth
ing in the minutes of the committee
while Kollo was clerk to show that the
plaintiff was ever authorized to make
the expenditures for which he desired
to recover
Members of the old committee were
called as witnesses and they stated that
the claim had never been disputed, but
action toward payment was never
taken because the committee had been
enjoined by the United States court dur
ing the sewer muddle not to make any
payments on sheer Indebtedness and it
was considered that the claim came
under this head. The Injunction was
IN force at the expiration of the terms of
The new committee contested the
claim because it had nothing to do with
the sewer business and could find no
authority for paying the bill. After
all of the plaintiffs testimony was pre-
sented there was a side-bar motion
by the defense for non-suit and Judge
Cole took favorable action on the mo-
ton, stating that the expenditures to
be made by township committee were
guided and controlled by law and there
was neither statute nor resolution of
the committee that gave Kollo any
authority to spend money that he
might expect to recover.
u. Dore Cogswell represented the
township and Spencer Simpson was
counsel for Kollo.
The next case heard was the suit of
Frederick W. Peter, of Burlington.
against the Riverside Traction Co.. to
recover for damages to his automobile
when 1t was struck by a trolley car
at Edgwater Park one night last sum-
mer. The testimony showed that Peter
had run from Burlington and stopped
at narrow place in the roadway be-
tween the trolley track and curb and
the trolley car, which approached
from the rear, crashed into the machine.
doing damage that cost about $3.50 to
repair, affecting the value of the auto
mobile and depriving Peter of its use
as agent for the sale of that make of
stration. The entire case hinged on
the question of negligence and the jury
decided that the trolley mOtOrman was
responsible, awarding Peter damages
in the sum of s4S6.S5. Howard East
wood, of Burlington, represented the
plaintiff, and John D. McMullin ap.
peared for the trolley company.
The case of Bruno Fl. Held against
Emil Bischof was the first heard from
the circuit court list.
This was an action to, incidentally,
recover 500 damages for fences de-
chased property including a wharf
on the creek, above Hainesport, and
which Bischoff claimed he was entitled
to use through common grant under
the limitation act, and. principally, to
determine such legal rights. George NJ
Hillman was counsel for the plaintiff
and Y. Claude Palmer represented the
defendant
The verdict was for the plaintiff in
the sum of 81, and this determines that
the wharf ground in dispute is private
property.
In the case of Held against Daniel
0. Sullivan and Bischoff, which was
based upon dispute over a right to q
lane which Held claimed was his prop
erty by reason of his recent purchase,
counsel agreed upon verdict for the
plaintiff.
In Judge Horner's court on Tuesday
the first case taken up was that Of
Annie M. Belden against Charles
Powell, both of Juliustown. This was
a dispute over the ownership of corn
grown by Powell on land leased from
the Belden family, the latter claiming
that it had a half interest in the crop
and was entitled to half the proceeds.
The suit was instituted for the purpose
Of recovering $2l3, but the defendant
showed that under the compliments
claim of half interest it could not de-
mand but about 500. The question in
volved was purely one of law and after
portion of the testimony was in, the
court granted q voluntary non-suit.
j. Fl. Kelsey for the plaintiff and
Robert Peacock for the defendant.
In the suit of Jesse Wells against
Harris A. Glover, both of Mount
for one month from the time Glover
moved from Wells property on Main
street to the expiration of a lease, the
jury rendered q verdict for the full
amount of the claim with interest
from March l last. v. Claude Palmer
for the plaintiff; Robert Peacock for
the defendant.
Thomas Netherlands suit against
Lewis VanSciver to recover money al
legged to be due for the plainantiff
services in training horse for the de-
PENDANT resulted in his getting a verdict
for s23.05 with interest amounting to
1892. Francis j. Smith for the
plaintiff; Davis & Davis for the defend
ant.
Announcement was made on Wednes-
day that Justice Voorhees, had changed
the time for opening the fall term of
court from September to the second
Tuesday in October.
Reuben g. Slater was brought before
the court charged with the desertion of
his wife. He was released on his own re-
cognizance to appear at later date.
John Pierog was one of the men who
was arrested in connection with the theft
of stockings from Taubel's mill at River
side. He was put under bonds, but before
the day arrived when he was required
to be In court he got out of the reach of
the law. His bondsman kept an eye open
for him and when Pierog returned to this
he was arrested When be-
fore the court Pierog pleaded not guilty
and he will be brought up again for SEN
tence.
In the suit of Harry F. Joyce VS.. Rich
ard Ridgway, both of Vicentown, to re-
cover damages for false arrest, tried on
Friday, the jury after being out all night
and unable to agree, were discharged on
Saturday morning. The trouble arose
over the alleged stealing of COW and
failure Of the complainant to appear be-
fore the grand jury.
On Monday morning the case of Mrs
Mary Saaybe against the Riverside Trac-
ton Company was concluded. The plain
tiff was injured at the knee by falling
while aIightinQ from q trolley car, due