Bench, Bar and Jury

The third week of the special term began this morning, with Judge Futhey on the bench. A few necessary matters of a formal nature were brought up and disposed of. The jury was called and a small number of jurymen were excused upon showing good reasons. The trail of cases upon the list was resumed, beginning with:

Johanna Latch and Adoniham Latch, devised under the last will and testament of Peter R. Latch, deceased, verses John Quigley. - Peter R. Latch was the owner was the owner of a farm in Tredyffrin township, on which the Pennsylvania Railroad Company straightened their track in 1877, and dismantled the old road bed. Peter R. Latch devised the property to the plaintiffs. In 1879 the Latchs fenced in the abandoned road bed on their property with one of their adjoining fields. The claim is that this old track reverted back to the owners after being disused by the railroad company. John Quigley, who was employed by the company, tore down the fence. It was immediately re-erected and again torn down by Quigley. In this way, the name Quigley appears on the records as defendant, but the real defendant is the railroad company. The question, which is largely one of loss, is chiefly whether, when the State built the old Philadelphia and Columbia railroad (whose franchises now belong to the Pennsylvania Railroad Company) acquired the fee simple to the road-bed or only a right of way. On trial, Brinton and Waddell for plaintiff; Smith and Butier for defendant.

The Jeffersonian, 7th January 1881