have these matters tried before a jury, | and we make absolute the rule to show cause why the judgment should not be opened and the defendant permitted to make a defense, and direct that all proceedings upon the writ of habere facias possessione issued thereon be stayed in the meantime. John W. Eshleman v. Pennsylvania Railroad Co. individual. This can easily be made more specific. The items thus covered should be set forth-not a statement of every item, but sufficient to indicate to what they refer. It has been held that in actions in tort a bill of particulars is a matter of grace and not of right (Glaser v. Lewis, 14 W. N. C., 228), but as the plaintiff, on his own motion, has undertaken to particularize his loss, he should do it with some degree of certainty. We do not think the plaintiff is bound Damages to property by sbark from loco- to give defendant the number of the enmotive-Bill of particulars. While in actions of tort a bill of particulars is a matter of grace and not of right, a plaintiff who has, on his own motion, undertaken to particularize his loss, should do it with some degree of certainty. In a suit for damages against a railroad company for setting fire to and burning a building with its contents, a statement giving the items paid to the several parties engaged in the construction of the building should show specifically what work and materials were supplied by each individual; not a statement of every item, but sufficient to indicate to what they refer. The plaintiff, however, is not bound to give the defendant the number of the engine supposed to have caused the fire. Rule for a more specific statement. C. P. of Lancaster County. Term, 1912, No. 26. W. U. Hensel, for rule. January gine which is supposed to have caused the fire. In the first place, he has answered that he does not know it; and that being the case, he ought not to be asked to do an impossible thing. But there seems to us to be another equally good reason. It must be remembered that the engine belongs to the defendant company. It is not unreasonable to presume that from its train-sheets or from its employees it can find out for itself what engine was in this vicinity about the time the fire occurred. It is surely easier for the company to obtain this information than for the plaintiff, or at least equally so. We do not think the plaintiff should be ordered to comply with this demand. The rule, so far as the added information asked for in Schedule A and B, is made absolute, and as to the balance, John M. Groff and John E. Malone, it is discharged. contra. March 21, 1914. Opinion by LANDIS, P. J. In our opinion, the statement filed is, in most particulars, a sufficient presentation of the plaintiff's case to enable the defendant to answer upon the trial. The personal property is set forth in Schedule B, specifically, except as to five items, and these should be explained. Schedule A, however, should in some parts be improved. The building account is apparently made up of work done by or items purchased from the several persons engaged in construction, but there is considerable generality as to what work or materials were supplied by each Rule made absolute. Quarter Sessions. In re High Street. Road law-Notice-Former report-Res adjudicata. Viewers to assess damages for the opening of a street beyond a certain point will be apwithstanding a prior unappealed-from report pointed on petition of a property-owner, notof viewers assessing damages for the opening of the same street, where no notice was served on the petitioner nor damages awarded to him, and the petitioner alleges that no damages were assessed nor notice given to any property-owners beyond the stated point. Rule to appoint viewers. Lancaster County. Minute 118. Coyle & Keller, for rule. Q. S. of opening of a street, of which they had no notice. It was stated at the argument of this case that John E. Hershey was present. Even this would not conclude Kin-him unless it was shown that he knew that the question of assessing damages Bernard J. Myers and J. Roland zer, contra. March 28, 1914. Opinion by HASS- for any land of his taken or about to be LER, J. A petition has been presented by a property-holder asking for the appointment of viewers to assess the damages he will sustain by the reason of the opening of High Street from West End Ave nue to the city limits. The county and city resist the appointment of viewers, for the reason that on August 25, 1883, a petition was presented to this Court for the appointment of viewers to assess the damages by reason of the opening of High Street, and as damages were assessed in that proceeding and reported by them to the Court, the matter is res adjudicata, as the report of the viewers was not appealed from. In examining that report it appears that the order directed the opening of High Street from St. to St. in said city. It does not appear in their report whether the viewers assessed damages incurred by the opening of High Street through its whole length or through just a portion of it. The present petition alleges that only damages were assessed to owners of property.on High Street up to West End Avenue, and that no damages were assessed to any one owning property below West End Avenue, nor was any notice given to any such property-holders. It is further alleged that the viewers were under the impression that High Street did not extend further than West End Avenue. The petitioners in that proceeding included none of the property beyond West End Avenue. The viewers gave notice to a number of property-holders of their meeting, who had not signed the petition, and assessed damages to them. No notice appears to have been served on John E. Hershey, nor on the petitioner, nor were any damages assessed to them, nor were their names mentioned in the proceeding. We do not think that they are concluded by an assessment of the damages for the taken by reason of the opening of the thodox Street, 169 Pa., 499, we think street was to be considered. In re Orjustifies the appointment of viewers on this petition. to show cause why viewers should not We, therefore, make absolute the rule be appointed. Tegal Miscellany. Sketches of the Judges of the District Court and also of the Associate and Additional Law Judges of the Second Judicial District of Pennsylvania. Continued from last number. BY HON. CHAS. I. LANDIS. Alexander Thomson was born at Scotland, in Franklin County, on January 12, 1788. His parents died when he was young, and at the age of fifteen he was apprenticed to his uncle, Andrew Thomson, to learn the trade of sicklemaking. While so engaged, he pursued his studies and acquired the rudiments of Greek and Latin. He afterwards taught school for three years in a select school in Northumberland, and then went to' Bedford, where he took charge of an academy. While so engaged, he studied law with Judge James M. Riddle, who, after retirement from the bench in 1804. practiced law in Chambersburg. In 1816 he was admitted to the Bedford County Bar. In 1823 he was elected to the State House of Representatives from Bedford County, and in 1824 he was a member of the Eighteenth Congress from the Thirteenth Congressional District of this State, composed of the counties of Bedford, Somerset and Cambria, as the successor of John Tod, resigned. He EBENEZER GREEN BRADFORD of Rev. Ebenezer Bradford and Eliza- Plantation. His father was ordained Evangelist by the Presbytery of New He was certain when or where he was first ad was also a member of the Nineteenth Congress. He served in Congress until May 1, 1826, when he resigned. On that day he was commissioned by Governor John Andrew Shulze, under the Act of April 10, 1826, Assistant Judge of the District Court of the City and County of Lancaster and the Counties of Dauphin and York, and he continued to hold that office until June 25, 1827, when he resigned. On June 25, 1827, he was appointed and commissioned President Judge of the Sixteenth Judicial District, composed of the counties of Franklin, Bedford and Somerset, as the successor of John Tod, who was appointed a Justice of the Supreme Court. He then moved to Chambersburg, and lived there until his decease. In 1837 he opened a law school in Chambersburg, which was subsequently made the law department mitted to the Bar. He was, however, of Marshall College. This college was admitted at Philadelphia on March 1, then located at Mercersburg, Franklin 1802, and on February 14, 1814, at the County. There were no formal lectures, first court held at Mifflinburg, Union the course being conducted by oral in- County, he, on motion of Enoch Smith, struction and examinations. The law Esq., was sworn in as one of the attorcollege was in a one-story building, ad- neys. He was a member of the Northjoining his residence, on Main Street, umberland County Bar, for he at one near the public square. After he left the time resided in Sunbury, and he was bench he resumed the practice of the appointed Deputy Attorney-General for law, using this building also as his office. that county on January 19, 1809. He He was the last Judge appointed under continued to hold that office until Janthe Constitution of 1790, and his com- uary, 1821. In December, 1822, he was mission expired, as provided for in the a candidate for the State Senate from Amendments of 1838, on June 30, 1841. the Northumberland District, but was His successor was Judge Jeremiah S. defeated by Lewis Dewart. On May 3, The date of his admission to 1824, he was commissioned by Goverthe Franklin County Bar cannot be nor John Andrew Shulze, President ascertained, as the records were de- Judge of the District Court, then comstroyed during the war of the Rebellion, posed of the City and County of Lanwhen Chambersburg was burned by the caster and the County of Dauphin, and Confederates under General McCaus-on March 27, 1828, he was again comland. He died at Chambersburg on August 2, 1848, and was buried in the graveyard of the Falling Spring Presbyterian church, on the banks of the Conococheague. He was married on October 21, 1817, to Abigail Blythe, of Bedford county, and after her decease to Jane Graham. Frank Thomson, a son of the first marriage, was, on February 3, 1897, elected president of the Pennsylvania Railroad Company, in which position he continued until his death. Black. misioned to the same office by the same executive, the district being then the City and County of Lancaster and the County of York. Under this second commission he remained in office until May 1, 1833, when the district was divided, and each county became a separate district. His son, Rev. Arthur G. Bradford, was born in Reading in 1810, but whether or not Judge Bradford lived there at that time I am unable to ascertain. He lived in Sunbury until the Act of 1828 was passed, requiring Judges to reside in their respective districts, where- | the following: According to the case of upon he moved to the borough of Columbia, in this county. After his term of office expired he went to York. He died suddenly on May 17, 1836, in Pottsville, at Pennsylvania Hall, from an attack of apoplexy. The Miners' Journal of that borough, in making mention of his demise, speaks of him as "Judge E. G. Bradford of York," and states that his "remains were accompanied to the grave by a portion of his bereaved family and a numerous concourse of friends." Pennsylvania Hall, which was opened in 1831, is one of the leading hotels in Pottsville. Judge Bradford was interred in an old cemetery in Pottsville, wherein also was buried John Potts, the founder of that city. In 1895 this cemetery was appropriated by the School District, and his remains were then removed to the Presbyterian Cemetery, where they now lie. A flat tombstone contains the following inscription: Sacred to the memory of Ebenezer Green Bradford, 17th May, 1836. Aged 59." The assessment-book of Norwegian Township. Schuylkill County, shows "Judge E. G. Bradford, 400 Acres." This tract is supposed to be underlaid with coal and to be now of great value. In his lifetime he sold the one-half of it to one Martin Weaver for $9,250, and after his death a decree for specific performance of the contract was entered in the Orphans' Court of York County, and his administrators thereupon executed a deed for it. What became of the other half does not appear from the records of Schuylkill County. He left a widow, May Bradford, who lived with her two minor daughters, Sarah Ann and Emily, at Northumberland, and also four sons, who were then of age, namely, Rev. Arthur B., Albert G., Charles A., and Oscar. His widow and John Evans, of York, were his administrators. Beating the Undertaker, Lockwood v. Smith, 143 New York Sup- Per The certainty that at some time or other we must all surrender to the so-haps, in the present classic vernacular, "he should worry."-Docket. called Grim Reaper has engendered the feeling that the undertaker has a sure thing in his businss. But wait and read LANCASTER LAW REVIEW. VOL. XXXI.] FRIDAY, JUNE 26, 1914. [No. 34 Common Pleas-- Equity. Baker v. Hartman. cels of land, situated in East Lampeter Township, beginning at a stake in the middle of a public road; thence along lands of John Lefever, south 61 degrees west, 1974 5/10 feet to a stake, a corner of lands of Isaac S. Landis; thence along land of Isaac Landis, north 41 1/2 degrees west, 652 9/10 feet to a corner in other land of said Isaac S. Landis; thence along the same north 32 3/4 degrees east, 554 1/10 feet to a point; Right of way-Prescription-When evi- thence along the same, north 21 3/4 dedence sufficient to sustain. Mere possession will not give title to a right of way claimed by prescription. The enjoyment thereof for twenty-one years must have been adverse and under claim of right. A grant will be presumed where one uses a road over another's land without objection and without asking permission but this pre sumption may be rebutted and the use shown to be in subservience to the title of the owner. Where the use began by permission the prescription will not begin to run until this relation is destroyed by some act of the parties. An individual can not claim rights by prescription which have been used by the public generally as well as by himself. Long-continued use by the public is evi dence of an intent to dedicate but is by no means conclusive and always yields to contrary proof of a satisfactory character. Bill for injunction. Motion to dissolve preliminary injunction. C. P. of Lancaster County. Equity Docket, No. 5. page 425. grees east. 815 1/10 feet to a corner, lands of said Israel Landis; thence along the same, south 37 1/2 degrees east, 631 4/10 feet to a private lane; thence along said private lane and lands of Israel Landis, north 76 degrees east, 1082 4/10 feet to a stone in the middle of the aforesaid public road; thence along said public road, south 43 1/2 degrees east, 115 1/2 feet to a point; thence along land of Israel Landis, north 57 1/4 degrees east, 207 9/10 feet to a corner of land of Henry Landis; thence along the same, south 13 degrees east, 161 7/10 feet, and south, 58 1/4 degrees west. 267 3/10 feet to a point in the middle of said public road; thence through the middle of said road, south 14 degrees east, 202 8/10 feet to the place of beginning. Containing 40 acres and 108 8/10 perches of land, more or less, on which are erected a mansion house, two frame houses, a stone house, five lime kilns, Jacob H. Byrne and IV. F. Beyer, for coal yard, barn and other improvements, plaintiff. and known as Hartman's Lime Kilns.' Catharine Hartman died on June 13, George A. Lane and B. F. Davis, for 1905, and, by dee 1 dated March 29, 1906, defendant. John K. Hartman, her executor, conveyed to John E. Baker, the plaintiff, the June 14, 1913. Opinion by LANDIS following described tract, to wit: P. J. "All that certain tract of land, with brick dwelling house, barn, lime kilns and other improvements thereon situated, at Hartman's Station, in Township of East Lampeter, County of Lancaster, bounded and described as per survey and draft thereof made March 9, 1906, by I. Carpenter, C. E., as follows: Beginning at a point in the middle of the public road, a corner of land sold to David K. Hartman; thence by said land, south 63 degrees west, 291 feet to a point; and by the same, south 141⁄2 degrees east, 77 |