Putnam patriot., 1917-01-12
SPITE FENCE
Alleged By Ida L. Franklin IN Superior
Court Tuesday
Evidence in NeighborIy Friction Heard
and Judge Takes the File
Decision Rendered Wednesday that Fence
Must be Taken Down

which Mrs. Ida l.. Fran Kiln was the
plaintiff and her neighbor, Uzam Ben
nor, wns defendant, WAS heard by
Judge Milton A. Shumway in the sn-
perior court, Tuesday morning.
"Wednesday afternoon after the last
witness was examined in the breach OF
promise case, Judge Shnmway rem
dered his decision. He said that he
found the fence was erected for the
purpose of annoying and injnring the
plaintiff in The case and that II served
no good purpose. He therefore found
that the purpose was a malicious one
Judge Shumway said that he thought
the court might render an injunction
that tie defendant shall not maintain
this particular fence. He was of the
opinion that suitable fence of some
kind might legally be erected.
Lawyer j. H. Carpenter, represent
ing the defendant, said that he thought
that matter could be agreed upon by
counsel.
Judge Shumway then directed coun-
sci to lie form of Judgment in the
case and he would look it over and
hear them If they desired.
Regarding damages he saiu that he
| did not find that the Franklin proper
| ty had been materially injured. If the
fence is removed The market value will
| be as great as before and he thought
that ii plaintiff recovered his costs
| they would be sufficient to,reimburse
him for the trouble OF procuring the
injunction.
The properties of the parties adjoin
| one another in the Pleasant Valley
section of Putnauf. Some four OF five
| years ago differences arose when the
| Franklins omplained To. the Bennors
| that the Bennors hens were trespassing
| in the early morning hours waking the
! Franklins up long before the advent
| of the milkman making his morning
rounds. For time, IL is said, the
Bennors kept their hens locked up
but eventually they returned 10 the
| Franklin's yard and the Franklin s
had lawyer send The Bennor's a legal
| notice.
| Then the Frank ain's dog got into the
| Bennor's shed and the Bepnor's re.
| fused to release 1t. This made further
| trouble.
Last September the fence was err.
ected and the plaintiff, in her writ al.
! legged that IL was erected maliciously
and with the intent to annoy the
plaintiff, was eight feet high, $50 long
and made of rough boards; that the
! fence shut of the light, air and view
| TO the south and east. Plaintiff asked
for mandatory injunction for the re-
moval of the fence and for 5000 dam
| ages and in the event that the fence
cannot be removed then $1,000 damages
| is asked.
As soon as court came in and the
| pleadings were read IN adjournment
| of one half an hoar was taken To al
low the court to view the premises.
Lawyers Searls and Bradford rep
resented the plaintiff and Lawyer }.
| #. Carpenter the defendant.
Mrs. Ida l.. Franklin, the plaintiff,
was the first witness. She told OF the
erection of the fence. The south side
was built first by "A Mr.. Main. When
this section WAS nearly completed Mr..
Bennor said, ST am going to have one
on the other side" He brought old
rubbish and boards and piled them
near her house. Up to this time he
had maintained a wire fence TO keep
| his fowls in. She heard Mr.. Beunor
| say to a man In the street, show
would an eight foot fence look TO your"
This was before the fence was built.
She said the view WAS all right before
| the fence was built. Last April de-
fendant added some more boards max
ing the fence higher blocking her view
still more. Witness said she asked
| Mr.. Bennor what he WAS going TO do
| with the fence when he died and he
replied III am going to will II to you"
The trouble arose overthe Bennor hens
| coming under her window ct half
past three in the morning and waking
her up. Her father WAS there i'll at
the time. She asked the Bennors 70
keep the hens shut up and they did
for . few days but soon let them out
| again. She made complaint 10 the
city council.
Cross examined she said the rubbish
pile was six feet high.
Mrs. Grace franklin, the plaintiff 3
| daughter law, WAS the next witness.
| She testified to the building Of the
! fence and corroborsted the plaintiff.
i She heard Mr.. Bcnnor say TO man
digging spost holes, 81 am going 70
build my fence ,out OF rubbish" He
brought old lumber and piled II there.
The fence stopped the circulation Of
air and made II SO hot the children
could not play there.
After the east side was finished she
saw Bennor talking with George Tay-
Tor. Taylor asked whit the telephone
pole was for and Bennor said some
/ thing about the fence and they laugh
/, fConlinued on page two1