The Mount Holly news., 1919-11-18


Court proceedings last week wei
confined to civil suits, both Judge
: Carrow and Wells holding sessions i
an endeavor to clean up the long lis
of cases set down for the October term
The case of Mitchell B. Perkins
against the Ceilings Carriage Com
pany, of Camden, was over disput
as to the amount to be charged for re
pairs to motor truck.
Mr.. Perkins truck broke down il
Camden and it was taken to the car
rlage works to be repaired. The bill
for the repairs amounted to $24e.9S
This was claimed by Mr.. Perkins tC
be excessive. The Ceilings people re
fused to deliver the truck until the bill
had been paid, so Mr.. Perkins brought
replevin proceedings and finally go
possession of the car. In the mean
time there was an additional charge o
SIS rs for storage against the truck.
AT the conclusion of hearing the
testimony the jury fixed the amount
due to Ceilings at $40, with an offset
of $50 for OBTAINING the truck after its
completion, making the net sum to be
paid by Perkins as $l10.
William H. Diverty and George M.
Hillman represented Perkins; James
Beck Tyler appeared for the Ceilings
Company.
The case of William II Smith
against DR.. Ridgway H. Lamb, both
of Palmyra, was an action to recover
damages for slander, illegal imprison-
ment and malicious prosecution.
DR. Lamb, while conducting some
building operations, missed number
of concrete blocks He reported the
matter to the chief of police of Pal
myra, who told Lamb to see justice of
the peace William E. Hires, and ex-
plain the case to him. Lamb did so,
and told the justice that the police
should make search for the stolen
blocks, as other building operations
were going on in the town, among
them being the erection of porch by
William H. Smith, who was using
blocks which appeared to be similar to
those missing.
A few days later Smith was request
ed to appear before Hires and an in
formal hearing was held, at which
Smith clearly established where he
bought his cement blocks, and the
case was dismissed. Smith then in
stituted suit for damages for malicious
mischief, etc.
At the hearing of the case last week
it was shown that no warrant had ever
been issued for Smiths arrest; that he
never had been arrested or subpoenaed
to appear before Justice Hires; that no
record of the case was found on the
Justices docket; that no legal proceed
ings whatever had been taken in the
case.
The jury rendered verdict of no
cause for action. Arnold ]. Becken-
bach and H. A. Drake represented
Smith; James M. Davis appeared for
DIR. Lamb.
The suit of Richard A. Burtis and
Charles B. Burtis, farmers, near Biz
mingham and Cream Ridge, trading
as Burtis Bros, against Armstead c..
Hutchinson and Reuben Hendrickson,
millers, trading as Hutchinson & Hen
Erickson, was an action to recover the
loss incurred by reason of the defen-
dants not taking carload ofrye which
they had bought from the plaintiffs.
In January last, the defendants
bought about 1400 bushels of rye from
Burtis Bros. at $1.55 per bushel, to be
delivered at Cream Ridge station as
soon as shipment permit could be
obtained from the railroad company.
which the defendants claimed could be
gotten in a reasonable time. The
matter drifted along several months,
and in March the rye was sold to other
parties at 81 25 per bushel Suit was
brought to recover the loss.
The defence claimed that the rail-
road permit could not be obtained
The jury rendered verdict of $3.50
in favor of Burtis Bros.
V. Claude Palmer represented the
Samuel A. Atkinson appear
ed for the defendants.
The case Alvin /. Robbins against
Walker d. Hines, Director General of
Railroads, was an action to recover for
damages to motor truck which was
struck by train on the Jobstown and
Kinkora branch of the Pennsylvania
near Ellis station.
The accident occurred last February
The truck was being driven by the
plaintiff, and he claimed it was COM
pletely demolished when it was struck
by the train. There was no action for
personal injuries as Robbins escaped
with few scratches.
The testimony of the plaintiff and
his witness was that he was unable to
get good view of the tracks on ac-
count of row of trees, the nearest OF
which was not over go feet from the
that he almost stopped the
truck before crossing in order to see or
hear an approaching train; that he
neither saw nor heard train coming;
that no whistle was blown nor bell
rung; that the regular morning train
had passed and it was special which
came along a short time afterward and
struck him; that the truck was almost
new and had been used very little;
that he was allowed only $50 for it in
trade for a new truck
The railroad company's evidence
was that the tree nearest the crossing,
by exact measurement, is over 700 feet
that there is view of the
track for over 900 feet from the cross
ing; that the motor truck had been in