In The Circuit Court Of The United States For The Southern District Of New York In Equity American Bell Telephone Company Et Al Vs Peoples Telephone Company Et Al PDF Download

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884. Excerpt: ... to rectify the error in their testimony for defendants. Their depositions for complainants will be found as follows: --Christian I. Heisley (p. 1791), Peter J. Heisley (p. 1801), Joseph F. Heisley (p. 1832), Philip H. Heisley (p. 1863), rejoinder. These gentlemen nll testify that their former statements in defendants' surrcbuttal that the second use of the Kellar auger at their farm was in the spring of 1875 was an error into which they fell for the want of data to guide their recollections, and that the true date of that second use was the spring of 1876. In addition to these members of the family who had testified for defendants, others who had not so testified, to wit, Mrs. Margaret Heisley, p. 1806; Charles Heisley, p. 1809; William Heisley, p. 1810, complainants' rejoinder, likewise testify to the spring of 1876. In addition to this, Calvin J. Dick (p. 2309, complainants' rejoinder) testifies to personal knowledge of the fact that the Heisleys were boring wooden pipe on their farm in the spring of 1876, and gives perfectly satisfactory reasons for his statement as to the time. See also, George R. Myers, p. 1866, complainant's rejoinder. This very completely destroys the first link in defendants' chain of proof, or seeming proof, and necessarily takes with it also the second link. This second link consisted of the testimony of Leonard Schwartz, p. 682, and David Cowens, p. 695, surrbtl. These gentlemen were neighbors of Mr. Kissinger while he lived on the Draper farm, and the substance of their testimony for defendants is that in the spring of 1875 Mr. Cowens had occasion to lay pipe from his spring to his spring house, and, in considering the question as to what sort of pipe he should use, went to Mr. Kissinger's to see him boring his wooden pipe, and...