Lost The Two Cases

LOST THE TWO CASES

The Detroit, Ypsilanti and Ann Arbor Road.

LOST IN CIRCUIT COURT

They Did Not Appear in John Wisner's Case.

And George N. Cady Received Six Cents Damages for Being Put Off a Car for Not Paying When He Offered a Smaller Fare.

Two cases against the D., Y. & A. A. electric road were disposed of in the circuit court Monday morning. The first was that of John Wisner vs. the Detroit, Ypsilanti & Ann Arbor railway. This case was an appeal from the justice court in which a verdict for $30 was given against 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 permit from the board of public works and moved the house up to the tracks of the railway. The company refused to permit him to cut their wires. He offered to pay for the damages and to move the building in the night when traffic on the railway had ceased. He was delayed by the refusal of the company two or three days. 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 finally ordered the wires cut which was done and the building moved across. Wisner sued the company alleging damages for the delay caused him by the refusal of the railway to permit him to cross. In the justice court he received a verdict of $30. This morning when the case was called, the defendant 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, Ypsilanti & Ann Arbor railway. The plaintiff in this case is a resident of Ypsilanti and desiring 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 brought snit for damages. The defendant claimed it was not obliged to sell tickets, as the selling of tickets was a concession and besides the conductor had no means of knowing whether Cady had tried to purchase a ticket. The plaintiff through his attorneys claimed also that the charge was more than the maximum allowed by the franchise of the road. Judge Kinne after looking up the various cases cited as bearing upon the subject, ordered a verdict of six cents damages. This, it is understood, will place the payment of costs on the railroad.