The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1915-05-11

On Tuesday the court took up tn,
case of Wilbert w. Danley and Rich
ard Harrison against the Trenton ant
Mercer County Traction Company 70
damages sustained by the plaintiffs TO
the killing of horse. Danley was driv
ing horse owned by Richard Harrison
of Chesterfield, when trolley car Of the
defendant company struck the outfit
killing the horse, smashing the wagon
and iniuring Danley. At the time o
the accident the regular trolley man wa;
eating his supper and the car was being
run by substitute, and it was claimed
the company could not be held response
BILE because the regular motorman was
not in charge. The jury rendered YER
dict of $3.50 for Danley and 1914 for Har-
rison. The trolley company was repre-
sented by former Judge Mcpherson, OF
Trenton, and Harold B. Wells appeared
for rhe plaintiffs.
Another damage suit was that of John
Wisconsin, against Andrew Piestrak.
Both parties live in Burlington. There
had been Polish christening there and
after it was over Piestrak conveyed some
of the parties interested to Beverly in
his automobile. On the way Pisstrak
attempted to pass another automobile,
and his machine skidded and turned
turtle, throwing the occupants out. Wis
sowsh had his leg broken and has been
suffering from the injury ever since. An
attempt was made to show that the
driver was drunk, but that did not get
very far. Then there was testimony Of
fered to show that Wisconsin, tried to
take the steering wheel away from the
driver, which caused the skidding and
the accident was the result of the plain
tiff's own recklessness. The plaintiff
asked for enough to pay him for his
medical attendance and 81, 500 for his
sufferings. The jury gave him 500.
Robert Peacock defended Piestrak and
James Mercer Davis appeared for the
other side. He is not satisfied with the
verdict and will probably ask for another
trial.
Frank J. Toner, Edward Catterall and
Calvin Adams brought suit against Ar
thur Shields and Abraham Austin to
recover $500, money put up for bail.
This case grew out of one that was
given much publicity at the time it oc-
Cured. Toner was arrested on criminal
charge, and Catterall and Adams gave
their checks for $3.50 each for Toner'S APP
pearance at court. The grand jury failed
to indict Toner, and when the men who
went his bail wanted their money re-
turned they found the justice of the
peace had skipped and taken the cash
try to get the amount from the bonds
men Of the justice. Robert Peacock
the plaintiffs and put in all
the testimony necessary to show that
the bail had been put up and collected
by the absconding justice of the peace.
James Mercer Davis appeared for the
other side and he rested his argument
on legal grounds and showed there had
not been any attempt to collect the
money from the principal justice of
the peace-and until that was done the
bondsmen could not be called upon to
pay. Fenimore is still fugitive and
bis whereabouts are said to be unknown. |
Mr.. Davis also commended that check |
could not be considered cash bail" even
though the justice afterwards got the |
money at the bank, as in this case. |
Toner did not put up any money and |
therefore he could not be considered in |
the suit, and the others had no standing
until they had tried to get the cash from
Fenimore, the justice. The case was
laid over for further discussion.
Before Judge Lippincott, Tuesday,
there were two cases, one of which was
to recover damages for the killing of a |
dog. Harry l.. Anthony, Jr., VS.. Ed |
ward Bakley. The former lives at Edge |
water Park and the defendant lives in
township. Last Novem-
Der Anthony and some friends were
walking along a road near Burlington
some dogs, when Bakley came
along in his automobile, which killed
one OF the animals. The plaintiff claim
ed the life of the dog could have been
saved, as the driver of the car had ample
to turn out, but the defence
claimed that the dog jumped from some
brush SO quickly it was impossible to
turn the machine in order not to strike
the dog. A verdict of no cause of action
was rendered.
The case Of Mabel r. Kiner, executrix
of Harry Mullen, against the Knights
OF Pythias lodge of Mount Holly, was
tried before jury. 1t had been argued
before Judge Lippincott, who cut out
portion of the answer Of the plaintiff
and then it was decided that it was a
proper case for a jury. The action was
to recover 800 death benefits due Null
lens estate. He had been non beneficial
during period preceding his death, but
his dues were overpaid when he died.
But it was claimed he was not entitled
to sick benefits when taken i'll because
the required time had not elapsed from
his last payment as the bylaws REQUIRED.
This bylaw was enacted to prevent a
member from paying up during illness
and getting benefits during protracted
sickness. The bylaws also provide that
a member not entitled to sick benefits at
the beginning of an illness could not re-
cover more than $40 for death benefits
even though the bylaw would give him
500. The jury thought otherwise how
ever, and returned verdict of 500 and
interest. Herbert s. Killie represented
Mrs. Kiner, and James Mercer Davis APP
peared for the lodge. The latter has ap-
piled for new trial
On Friday the Society for the Pre-
yention OF Cruelty to Animals brought
suit against Abram Budman, resident
of Woodland township. The charge was
that he abandoned sick horse and LEFT
it suffering along the road. There was
no evidence to show this statement t.
be true, and there was nothing to con
meet Budman with the horse in any
way SO the Judge ordered verdict o
not guilty.
Harvey Carter sued Joseph Anderson
for the value of two dogs, which wer
sold to him as thoroughly broken ant
calculated to hunt any kind of game