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Lost The Two Cases

Lost The Two Cases image
Parent Issue
Day
26
Month
May
Year
1899
Copyright
Public Domain
OCR Text

Two cases against tbe D. , Y. & A. A. electric roacl were disposed of iu the circuit conrt Monday morning. The first was tbat of John Wisner vs. the Detroit, Ypsilanti & Ann Arbor railway. Tliis case was an appeal from the justice court in which a verdict för $30 was given aganst the railway. The plaintiff is a contractor and he wished to move a house across the tracks of the afore mentioned road in this city He obtained the necessary moving permitfroiD the board of public works and luoved the house up to the tracks of the railway. The company refnsed to permit him to ent their veires. He offered to pay tor the damages and to move the building ia the night wheu traffic on the railway had ceaeed. He was deHyed by the refusal of the cornpany two orthteedays. For two nights until early morning he was on hand with his men to move the building across the tracks. As the company would not consent the city attorney flnally ordered the wires ent wbich was done and tne buildiug moved across. Wisner sued the company alleging damages for the delay caused him by the refusal öf the railway to permit him to cross. In the justice conrt he received a verdict of $30. This omrning when the case was called, the defeudant did not appear and judgment was rendered in accordance with the verdict in the justice court. The second case was that of Geo. N. Cady vs. the Detroit, Ypslianti & Ann Arbor railway. The plaintiff in this case is a resident of Ypsilanti and desiriug to take a case to Wayne applied at the ticket office for a ticket. The office was out of tickets. He boarded the car and tendered the conductor 20 cents. He demanded 25 and upon Cady's refusal to pay more than 20 put him off. Cady then bronght snit for damages. The defendant claimed it was not obliged to sell tickets, as the eelling of tickets was a concession and besides the conductor had no means of knowing whether Cady had tried to pnrehase a ticket. The plaintiff through hie attorneys claimed also that the charge was more than the maximum allowed by the franchise of the road. Jndge Kinne after looking up the various cases cited as bearing upon the subject, ordered a verdict of six cents damages. This, it is nnderstood, wiJl place the payment of costs on the railroad.