COURT NEWS, Altoona Tribune, May 22, 1918, Altoona, Blair County, PA

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COURT ITEMS from the Altoona Tribune, Wednesday Morning, May 22, 1918, page 2

QUESTION OF GOOD RECEIVED OR LOST
Important Suit to Be Decided by Sealed Verdict in Court This Morning

  The case of Jacob Berman vs. the Adams Express Company, to recover the value 
of a lot of goods, shipped through the defendant company, and never received by 
the consignee, was placed on trial at the afternoon session of common pleas 
court yesterday before Judge Thomas F. Bailey, court room No. 1.  The plaintiff 
was represented by Attorney Isaiah Sheeline and the defendant company by 
Attorney J. D. Hicks.
  The plaintiff, Jacob Berman, a clothing merchant of Eleventh avenue, Altoona, 
on March 9, 1917, shipped sixteen men's suits, six boys' suits, three pairs of 
long and twelve pairs of knee trousers to the clothing [store] of Levinson & 
Freeman, of Rossiter, Pa.  In due time Mr. Berman was notified by the above 
named firm that the goods had not been received and the plaintiff entered sit 
against the express company to recover $170.75 the value of the goods shipped.
  The defense claimed that the clothing was transferred by the Adams Express 
company to the American Express company and delivered to the consignees, as is 
shown by a receipt given for the same dated March 15, 1917, and that the goods 
were destroyed in a fire that occurred at the store of Levinson & Freeman.
  Mr. Levinson took the stand and testified that his firm never received the 
goods. E. E. Stanford, a representative of the Adams Express company, testified 
as to the goods being shipped from Altoona, and agents from Rossiter testified 
as to the clothing being received there and duly delivered to Levinson & 
Freeman.  The testimony was closed at 3 o'clock after a lengthy controversy 
between counsel on each side, as to closing the case, without the receipt 
showing the delivery of the goods.  The receipt with other papers the counsel 
for defense claimed, had been sent by the express company at Rossiter but had 
not yet arrived.  It was finally decided to proceed without the receipt.
  After a fifteen minute plea by each attorney to the jury, the case was placed 
in their hands after being charged by Judge Bailey.  The jury will return a 
sealed verdict at court this morning.

INTOXICATED MAN IS CAUSE OF THIS SUIT
Woman Upon Whom Suit Case Fell Claims Damage for Her Injury

Alvin Frederick and his wife, Carolyn Frederick, have entered a trespass suit in 
the Blair county court by their attorney, J. F. Sullivan, against the 
Pennsylvania Railroad company to recover $3,000 damages for injury received 
while a passenger on a Pennsy train.
  The plaintiffs, who are residents of Harrisburg, allege that on December 22, 
1916, Mrs. Frederick was traveling from Union Furnace to Harrisburg.  At 
Lewistown Junction a man, so manifestly under the influence of liquor as to be 
irresponsible occupied a seat behind her.  He hoisted a heavy suit case into the 
rack in such a way as to cause it to fall on her with great force.  Her ear was 
cut, shoulder bruised, nervous system severely shocked, causing continuous 
suffering from neuritis.
  Plaintiffs claim that the conductor and other employes knew or should have 
known that the condition of the man was a menace to passengers and that they 
neglected their duty in not protecting the plaintiff.
  The defendant company is represented by Attorneys Riley, Hicks, Hewit and 
Greevy.

Heifer Strayed
  In the county court at Hollidaysburg yesterday morning before Judge Bailey, 
there was tried the case of Peter Lyck vs. A. J. Todd, to recover $75, the value 
of a heifer, which Lyck claims ate paris green, which Todd mixed at a stream of 
water on Lyck's land for the purpose of killing potato bugs.  The parties live 
on adjoining farms in Logan township near Bennington.  Lyck had a number of 
cattle grazing in his field and says that Todd went onto his land and mixed the 
poison, and left on the ground the paper bag that contained it.  The heifer came 
along and licked the paper, taking into its system a sufficient amount of the 
poison, causing its death the same night.  It occurred on July 13, 1917
  It was denied by Todd that he mixed any paris green on that day, but on a 
previous day a box containing a lot of poison was taken from his premises.  Mrs. 
Todd testified her husband mixed the paris green on his own premises, carrying 
the water from Lyck's field.  Mrs. todd and her brother Mr. Pearce, who was 
present, also testitfied that Lyck's cattle broke through the fence and invaded 
Todd's lands.  The defendant contended that if the heifer partook of the poison, 
it was while trespassing on Todd's ground.
  Mr. Todd, a sewing machine agent of Altoona, was called to the stand, and 
insisted upon being sworn by the obsolute [sic] method of kissing the bible.  
Although this method has been eliminated by the state, Judge Baldrige allowed 
the man to take the oath in the old-fashioned way.  The jury gave a verdict in 
favor of the defendant.

Price of Chairs
  Yesterday morning before Judge Baldrige, there was tried the case of the 
Feature Film and Calcium Light Co. vs. A. W. Hill, sr., proprietor of a moving 
picture theatre at Juniata, for the recovery of a balance of $242.40 on a sale 
of 377 mahogany chairs and a booth, sold by the plaintiff to the defendant.
  The defense of Mr. Hill was that it had been represented to him that the 
chairs would be shipped from Pittsburg, but as a matter of fact they were 
shipped from Indiana to Juniata, Fayette county on the B. and O. railroad and a 
delay of ten days resulted with an attendant loss in receipts of $180.00.  The 
contract price for the furniture was $738.55, of which $535.55 was paid, leaving 
a balance of $205 with interest.  Freight Agent A. T. Heintzelman testified that 
the excess freight charge was only about $5 by reason of the shipment of the 
chairs from Indiana.
  The defendant claimed that the chairs were not set up when they arrived and 
Mr. Hill had to go to the expense of $42 in putting them together and setting 
them up.  A jury was rendered by the jury in favor of the film company to the 
amount of $219.

Suit on Borrowed Money
  The case of Mrs. Lou Scrudders against J. H. and Ella Scrudders, to recover a 
balance of $50 which had been borrowed from the plaintiff, was tried before 
Judge Baldrige.  The defendants, who are nephew and nice of the plaintiff, claim 
that the debts had been satisfied, a credit for $50 having been allowed them for 
boarding the plaintiff's husband.  The original sum borrowed was $150, of which 
100 had been paid back.  A jury was given for the plaintiff in the sum of 45 
with interest.

Settlements
  A settlement was effected in the case of Domineck Tollarita vs. L. B. Mackey, 
by which the latter paid plaintiff $50 for services rendered in selling a 
property.
  The case of Z. T. and Moses Lingenfelter vs. Mr. and Mrs. Abram Burket and Mr. 
and Mrs. Austin Walker, was taken up, but on account of a disagreement among 
counsel as to what was at issue, it had to be continued until next term.
  The case of Mrs. Bertha Weaver vs. Mrs. Jennie Whitman was amicably settled.

COURT ITEMS from the Altoona Tribune, Wednesday Morning, May 22, 1918, page 6

ILLEGAL FISHING COSTLY
Special to the Tribune.
Bedford, May 21. - For several nights past illegal fishing had been reported in 
the neighborhood of Yont's Station, Bedford township.  Three men from Windber, 
arrested by detailed stated police, were given a hearing before Justice Frank P. 
Ake at this place.  They were found guilty of illegal fishing by means of 
outlines, and of fishing on Sunday.  Charles Harwath, Cloyd Gallagen, and Isaac 
Zimmerman, of Windber put up fines of $45 each and costs, which amounted to 
$2.50 each.

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