New Britain Herald Newspaper, December 7, 1928, Page 15

2 N0 DECISON IN PROPERTY DISPUTE Jodge 10 Read Briels When * Submited by Lawyers No decision was rendered in the matter of Essell versus Sufranski, which took up all day yesterday in city eourt, Judge Henry P. Roche finally deciding that he will get in touch with counsel for both sides as to whether they should submit briefs before final decision is ren- dered. From the !uumony submitted during the hearing in the afternoon it was learned that the property of Henry W. Essell who is seeking a permanent injunction and $3.090 from Sevester Sufranski, was built about two years ago and that neith- er party knew anything about the actual boundaries of the property “until the matter of encroaching on each other’s property, as was claim- ed, was decided to be brought to the court. Bubstantial proof was pre- sented in the testimony, whereby it ‘was shown that the wall in question was from four to six inches on the defendant’s property. Mrs. Helena Sufranski, wife of the defendant testified that they occu- pied the present premises at 145 Linwood street for the past two and one-half years and during that time they-had two tenants moving out of the house because water came into the cellar from the Willow brook. To remedy this, she stated, her hus- bLand decided to bank the south side of the property where the stream flowed and began to take stones and gravel from the other side of the stream, which according to a warranty deed belongs to them, and brought the elements to the other side where he built a natural wall in order to prevent water over- flow to lodge in the cellar of his house. He also took rocks and dirt from the bed of the stream, she testified, so that the water would flow more easily. During her testi- mony, the witness brought out a matter which irritated the counsel for the plaintiff Prosecuting Attor- ney Joseph G. Woods. Mrs. Su- franski stated that on various occa- sions she went to the home of the prosecuting attorney and asked him whether or not it would be proper for her and her husband to go ahead with the excavation of land on the other side of the brook, to which Mr. Woods was alleged to ‘have replied in an assenting manner. Upon cross-examination, Mr. Woods in flaring tones asked her whether she knew she was under oath to tell the truth, to which she replied that she did, whereupon her cross-exam- iner asked her whether or not it was true that she came to him to ask about another matter and that the question of excavating was never brought up. The witness, apparently daged by the voluminous flow. of Mr. Woed's forensic ability was un- able to state either way, whereupon her examiner waved her off the stand stating that that was all he‘ ‘wanted te know. Max Unkelbach, whe testified in the morning was called to the stand again and testificd as an expert as to the stability of the wall. The wall in his estimation, should have bcen sunk in about three feet in the ground to assure stability, while at present the base of the wall was a little over a foot in the ground. To | this Louis Oldershaw, also an archi- tect, testifying for stating that a retaining wall should be from three to four feet in the ground. Henry W. Essell, the testified that at one time,.in June, the water from the brook came to halt the height of the wall, during a heavy rainfall. This, he claimed happened before the defendant be- san tearing up the ground and tak- ing dirt and stones to the opposite side of the stream. When the de- fendant began his work, Essell stopped him on a few occasions and asked him not to do this this as it ‘would weaken tHe wall, to which Sufranski {s alleged to have replied that the land was his and he could de whatever he pleased with it. Attorney Israel Nair, counsel for the defendant, brought Sufranski to the stand for the purpose of de- nouncing the allegations pertaining t0 any conversation held at anytime between the two men, the counsel's claim bejhg that his client could not speak a word of the English lan- guage and understood about as much. A question was put up to the witness to which he made no reply. He was asked a few times whether he could speak or understand the English langusge to which he shook his head. The entire case simmered down to | but one important fact and that is |othy and one-quarter alfalfa. Ranch- | k the defense. | Nith kerosene and dispensing it as agreed and even went further by | plaintiff | that neither of the parties anything about actual- of the premises which they eccupy, although allegations were made by the plaintiff's counsel that the de- fendant attempted to destroy the re- taining wall for no reason at all. On the other hand it appesred from testimony that the defendant in or- der to safeguard himself against further damage tosthe cellar of his house by the water,— decided to build a wall from the gravel and stones taken off his own property. There is an encroachment on the de- fendant's property, although thas was not known by either side until the matter was studied prior to the bringing of the action. The present owner of the property on which the greater part of the wall is situated. in all good faith bought the house from its original builders thinking that the wall and the land on his side of the brook was part of his property. There is a temporary Injunction restraining the defendant from dig- ging up the land. The plaintiff secks a permanent injunction and $3,000 damages. On the other hand, counsel for the defense asks for an injunc- tion restraining the plaintitf from continuing the wall in its present place and $1,000 damages. One Bandit Polite; Other One Is Not Chicago, Dec. T M—"We,” said one of two men whe held up Miss Florence Gartner last night, “are the polite bandits you read about. Courtesy at all hazards, that's our motto, Miss. Now pleass be so kind as to tender to us your purse, your jewels and your fur coat.” At this point the other bandit cracked Miss Gartner over the head with a blackjack. “This polite stuff is the bunk,” he said, yanking the fur coat from Miss Gartner,,who had been knock- ed down. “Treat 'em rough is my motto.” Scallop Popularity Expanding Fisheries Halifax, N. 8. Dec. 7 (P—sixty modern scallop draggers represent- ing an outlay of more than $250,000 are operating in the bay of Fundy scallop fishery this winter. Five years ago there was but one small boat dragging for these 'shell lish in Dighy Basin. Today, every | port in Digby and Annapolis counties is represented at the beds. American markets are paying $6 2 gallon. the highest price in three | years. The search for new beds is | constant and the scallop has taken | a foremost place in the fisheries of | western Nova Scotia. | Race Horses Are Fed Nevada Hay as Tonic Reno, Nev. Dec. 7 (#—Each year thousands of tons of Carson valley hay are shippded to the east as an exclusive feed for race horses. Ship- ments now are going to racing stables in New York, New Orleans, Kentucky, Florida and other places in the east and south. Racing experts say the Nevada climate puts elements into the hay that make it more a tonic than reg- ular feed. It is three-quarters tim- ers receive $18 to $20 a ton for it, but the delivery price is approxi- mately $50 a ton. ADD ECONOMY TIPS Rosewood, Minn., Déc. 7 P—Polk county commissioners plan to save taxpayers money by denaturing | 000 gallons of ‘seized “moonshine’ ‘anti-freeze” cars. solution for motor —_— In 1722 the Spaniards established military posts in what is now Texas. if your head would break? 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