COURT OF APPEALS DECISION

The Cortland Democrat, Friday, March 29, 1895.

COURT OF APPEALS DECISION.

   The Court of Appeals has decided the case of Ellen I. Ballard against the Hitchcock Manufacturing Co. in favor of the plaintiff. The action was brought by the plaintiff to recover damage for the loss of her husband, who died from the effects of injuries received on the 30th day of May, 1887, by the explosion of one of the steam boilers in use in defendant's factory in this village. The case had been tried at the circuit in this village twice, the plaintiff recovering a verdict at each trial, but the higher courts ordered a new trial on exceptions and the case came on to be tried for the third time at the circuit court held in this village in January 1892. The plaintiff was awarded a verdict upon the third trial, and on the 14th day of January, 1892, entered judgment against the defendant for $4,889.89.

   The defendant moved for a new trial at special term which was denied and the defendant then appealed to the General Term where the judgment was affirmed. From this judgment the defendant appealed to the Court of Appeals, which court has just affirmed the judgment of the General Term.

   This ends a somewhat famous case which has been occupying the attention of the courts for several years. Franklin Pierce of New York appeared for plaintiff and Hon. O. U. Kellogg and B. A. Benedict of Cortland for the defendants.

   Last Tuesday the Hitchcock Co. handed Mrs. Ballard a check for $6,106.91 in full settlement of the judgment, interest and costs.

HIGHWAY LAWS.

   While the desirability of improved systems of road management cannot well be denied there is little doubt that the present system could be rendered much more effective if all its provisions were properly carried out. Among the legal requirements relating to road officers the following, which are commonly overlooked, are pointed out by a member of the Schenectady County Road Association:

   Any person appointed an Overseer of Highways, and refusing or neglecting to serve, forfeits to the town the sum of $10. It is not necessary for such overseers to take the oath of office to become liable to this penalty.

   An overseer is liable to a penalty of $10, if he refuses or neglects to serve on persons assessed a notice to work on the highway; and he is liable to a penalty of $10 for omitting to furnish the Supervisor the required list of the labor not performed in the district. He is also liable to a penalty of $10 for neglecting to render an annual account to the commissioner. This account to the commissioner must be rendered on the second Tuesday preceding the annual town meeting in his town.

   It is the duty of the Commissioner of Highways to compel the performance of all these duties on the part of the overseer of highways, and in case he neglects to do so he is liable to a penalty of $10 for every such neglect. It is the further duty of the commissioner of highways to prosecute for this penalty by suit, and if he neglects to bring such suit he is himself liable.

A TERRIBLE DEATH.

Russell Pickett Burned to Death While Working in the Woods.

   Russell Pickett, aged 79 years, who resided alone with his wife on a farm near the Polkville bridge on the east road to Blodgett Mills, left home at about 8 o'clock last week Thursday morning to finish clearing up a piece of underbrush on the hill on Reuben Brown's farm about one mile from his home. He took his lunch with him and intended to return home as usual about 4 P. M. He did not return and his wife, becoming anxious, requested some of her neighbors to go in search of him and four of her neighbors started out. He was found by Mr. Woodin at about 9 P. M., lying partially in a creek in a ravine, his body entirely nude, with the exception of his boots, and severely burned except about the head and face. Life was extinct.

   He had evidently built a fire a few rods from where he was found and sat down by it to eat his lunch and had fallen asleep. Sparks must have set his clothing on fire and he had evidently tried to extinguish the flames by rolling down the ravine in the snow and into the creek. His overcoat partly burnt was found near the fire.

   The body was taken to his late home and Coroner Moore was notified. After viewing the remains and learning the circumstances he decided that an inquest was unnecessary.

   Mr. Pickett was born in Scott and has always lived in this county. He leaves a wife and one daughter, Mrs. John B. Knapp of East Homer.

Susan B. Anthony.

PAGE FOUR—EDITORIALS.

   ◘ The Cortland Standard lectures the Oneonta Daily Star for publishing a decidedly shady story concerning the matrimonial experience of one Senator Sebastian of Tennessee and then drops down to a level with the Star by publishing the story in both its daily and semi-weekly editions. Such dusty reading matter might possibly find favor with the readers of the New York Police Gazette, but the average citizen of Cortland county would hardly be expected to voluntarily place such questionable literature in the hands of his children. Clean papers as a rule are the best.

   ◘ An exchange says that Susan B. Anthony has not slept at home for four years. The giddy girl should have a guardian appointed over her.

   ◘ Spain is likely to have plenty of trouble with the rebels in Cuba without having a row with Uncle Sam. The rebels have won some recent battles and are said to be gaining rapidly in numbers. There are signs of important troubles at home and rumors of a dictatorship are quite prevalent.

   ◘ Johnny Bull is a great bluffer and has taken many a bit of foreign territory from inferior powers because they lacked the courage to stand for their rights. While pretending great love and respect for Uncle Samuel, she undoubtedly remembers a sound drubbing she had at his hands some years ago, and if an opportunity presented itself she would be glad to have an opportunity to pay off the old score.

HERE AND THERE.

   The season for trout fishing opens in this county April 1st.  

   The legislature has changed the name of Havana, Schuyler county, to Montour Falls.

   The temple quartet of Boston will give a concert in Normal hall Tuesday evening, April 2nd.

   Fire alarm box 333 has been moved from the pole in front of Fireman's hall to one of the doors of the bell room.

   Capt. Lucius Davis represents the Five County Fire Insurance Co. Office, Room 5, Wells building, Clinton-ave.

   Teachers' examination for second and third grades will be held in Marathon Friday and Saturday, April 5 and 6.

   W. D. Tuttle's law office has been moved to rooms over the store formerly occupied by Nelson & Call in the Squires block.

   H. H. Robbins has purchased Mr. J. D. Doran's meat market in the Cortland house block and took possession last Monday.

   W. A. Brady and his great company will present "The Cotton King'' in Cortland Opera house on Wednesday evening, April 8.

   Mr. D. J. Corwin has the contract to build the three story cold storage building for Brown & Dye near the E. C. & N. station.

   The Cortland City band will give a grand concert and ball in Taylor hall, April 16. Daniels' orchestra will furnish music for dancing.

   Lathrop Brothers have opened a store at 41 Railroad-st. for the manufacture of picture frames. New and second hand furniture bought and sold.

   The benefit given by the Players' Club netted the hospital $36.28. This was accidentally omitted from the list of donations published last week.

   Tuesday morning the trolley cars began running over the Homer-ave., Clinton-ave. and Railroad-st. line to the D. L. & W. station. It is a great convenience and many people avail themselves of the service, as the cars connect with all trains. The baggage car has been running all the week.

   Gov. Morton has signed a bill giving every village that has a population of over 1,200 a trustee for each additional 400 until the whole number of trustees is nine. In 1890 Cortland had a population of 8,590 and would be entitled to nine trustees. This is a law of doubtful utility. Four trustees can transact the business much better than nine or nine hundred.

   George I. Crane will open a hotel on Wall-st., Homer.

   Grand Army hall was crowded with people last Tuesday evening to witness "One Hundred Years Ago" as presented by the Sons of Veterans. The entertainment was pronounced first class by all present.

   An alarm called the fire department to headquarters about seven o'clock Monday evening but there was no fire. Manager Bickford found one of the wires crossed with the incandescent electric circuit on Railroad-st. near Greenbush and boxes 314 corner of Elm and Pomeroy-sts. and 312 corner of Clinton-ave. and Washington-st. were burned out. The service seems to require a good bit of attention and many repairs.

   Mr. Carey B. Allard, of this place, who was arrested recently in Watertown for claiming to be a doctor, was arraigned before the Recorder in that place on Tuesday last and discharged by the Recorder after the county clerk had sworn that he was not registered and other witnesses had sworn that he had used the prefix "Dr." and had written prescriptions. Of what use is the law requiring physicians to register?

   Mr. E. C. Rindge, Commissioner of Highways for this town, has published a notice in the Standard stating that an application has been made to him by the Cortland and Homer Traction Company, for leave to construct and operate their road over the new highway recently laid out around the hill between this village and McGrawville, and also for permission to construct their road over certain streets in the village of McGrawville. The commissioner has selected April 11 at 10 o'clock A. M. as the time and the office of H. L. Bronson, the attorney of the Traction Company, as the place where the application will be considered.

FROM EVERYWHERE.

   Tioga county builds six large bridges the coming season at an expense of $30,000.

   A pension has been granted John Jacobs, a colored resident of Delhi, who will get back pay amounting to $11,000.

   An otter weighing sixteen pounds was killed near Honesdale a few days ago. It is very seldom these animals are found in these parts.

   Mrs. Alice Hardy, a prominent Salvation Army lassie, was arrested at Lyons Monday, charged with having four living husbands.

   Bacon, Chappell & Company of Fulton are to open a big dry goods establishment in Syracuse, in the building formerly occupied by Dey Brothers & Co.

   The New York and New Jersey Bridge Co., have accepted the plans of Theodore Cooper, one of the experts appointed by President Cleveland, and bids for construction will soon be opened. It will be 3,000 feet long and six tracks wide, and will be one of the greatest engineering constructions of the world.

   The Crouse stables in Syracuse, built at a cost of $250,000, and which were said to be the finest in the world, were sold last week at auction to Charles M. Warner for $17,550. Mr. Warner talks of making a public library of the building. He has also offered to sell it to the medical college and to donate $60,000 to the college if they will call it the Warner Medical college. Mr. Crouse's elegant house was sold to John Moore for $26,400. It is said that a short time before he died Mr. Crouse spent $52,000 on interior decorations for this house.

   Within the past week or two several strangers have been engaged in canvassing Ithaca for the sale of an alleged "medicine" called "Good's Sarsaparilla," which they claimed was made in Baltimore. The stuff was put up in large bottles which sold at twenty-five cents each. A gentleman who claims to have investigated the matter asserts that the so-called sarsaparilla is nothing but a combination of quassa, aloes and water, the proportions being about five cents worth of the drugs to a gallon of water. The stuff was not compounded in Baltimore, but in a hotel barn in this city, the water being dipped from a dirty horse trough and poured into a tub in which the compound was mixed. After the filling process the bottles were showily labeled and then hawked from house to house.—Ithaca Journal.