The Cecil Whig., 1911-01-14
COURT TERM CLOSED
Davis Case Settled -Nesbitt Verdict
Stands Damage Suit For Loss
OF Sight Withdrawn

AS announced in the WHIG OF last
week, the ejectment suit Of William
B. Davis VS.. Edgar J. Davis, brought
by direction of the Circuit Court to
settle title to 22 acres OF land, part OF
the Cash Corner farm near Cecilton,
claimed by both brothers under the
will of their father, the late John Ward
Davis, was setted last Friday by
agreement Of the parties to the suit,
the terms OF which were that each
should pay his share OF the costs and
that William B. Davis purchase the
disputed piece of land Court then
adjourned until Monday.
MONDAY.
Court met at o.3o a. m. with Asso-
ciate Judges Adkins and Hopper on
the bench. Lewis & Richards VS..
Charles A. Sims & Co. removed from
Hartford county, had been assigned
for the day. Messrs. James ]. Archer
and W. t. Warburton appeared for
the plaintiffs and Messrs. John S.
Young, M. H. Fahey and Albert Con
stable for the DEFENDANTS. The suit
was brought to recover damages al
legged to have been caused to the man
sion on the "Bloombury" larm, on
the outskirts of Havre de Grace, by
explosives used in blasting by the de-
defendants while preparing the chang
ed road bed of the p, B. & w. r. r.
in and near Havre de Grace, upon the
| building of its new bridge over the
Susquehanna. Defendants counsel
sought to have their liability limited to
such as might follow from their neg
| ligence, if established, as claimed in
the third count Of plaintiffs declara-
ton, and the morning was spent
in argument on plan offered by de-
fendant to that effect In the alter
| noon, before jury was struck, the
case was postponed, owing to the i'll
ness OF one OF the defendants, and as
no case had been assigned lor Tues
day the jurors were discharged until
"Wednesday.
TUESDAY.
Court met at o.3o and heard argu-
ment on motion for new trial in
the damage suit OF William H. Mes
btt VS.. the Cecil Paper Company in
which a ju-'. had awarded the plain
tiff $4,000 for personal injuries sus-
tanned in runaway caused by bales
OF defendants paper stock left lying
on the public road, where they had
fallen in transit to the mill. W. S.
Evans, Esq, contended that the YER
dict was contrary to the evidence and
the Courts Instructions and that the
damages were excessive as it had not
been proved that plaintiffs injuries
were permanent.
The Court overrule dthe motion.
His Honor, Judge Adkins said that
one member OF the Court had felt
some doubt as to letting the case go
to the jury. but as it had gone 10
them, and as it appeared that their
verdict was reached without prejudice
or passion, the Court was not dis
as to the damages to which the jury
thought the plaintiff entitled, which the
Court saw no reason to reduce.
WEDNESDAY.
Court met at $50 a. m, when the
suit OF George Bran VS.. the Felt Pa
per Company Lee Moore and Will
liam I. WesD for $4,000 damages for
the loss OF one eye and impaired sight
OF the other, alleged to have been
caused while breaking stone for
foundation wall erected by the delend
ants at their mill at Rowandvilie, was
put on trial before the following jury:
John E. Zebley, Foreman; J. w. Ew-
ing, George A. Hall, Har- Scott, c.
A Heatzig. R. 7. Cameron, Thomas
c. Major, w. B. Wier, Joseph Hinch-
life. John E. Frazer, Charles Mohr
lein and S. A. Vansant. Joshua Clay
ton, Esq, appeared for the plaintiff
and Fred T. Haines, Esq, for the de-
fendant. The plaintiffs case as pre-
sented by the evidence was that on
October 80, 1909, he and two other
men had been set to work gathering
stone, mostly boulders from the bed
OF Octoraro creek, near the defend
ants mill, which he broke into suit
able sizes for the wall that was under
construction. The other men used
picks, and Mr.. Bran one of two fiat
faced sedges which were supplied for
the work Striking a big boulder,
partly rounded with the sledge. Mr..
Bran broke off fragment which flew
upward, entering his right eye which
was cut about the pupil and later he
learned that its sight was destroyed.
DR.. E. H. Rowland treated him and
later he consulted specialist in Ches
ter, Pa, and DR.. Herbert Harlan OF
Baltimore, but they found that he had
been permanently blinded. The sight
OF his other eve had been so impaired
that he had been forced to quit work
at the mill, where Messrs. Moore &
West had continued to employ him.
Mr. Bran said he had obtained the
sledge and shown it to men used to
quarry work who told him it was un-
fit and unsafe for breaking stone, and
that the regular quarry sledge had
one rounded and one chisel shaped
end, the latter for splitting stones He
claimed that his employers were neg
ligent in not providing the proper
and safer hammer for the work.