Wednesday, January 24, 2018

Cow Causes Suit for $5,000

The Marietta Daily Times, February 24, 1937

A damage suit for $5,000, growing out of the impounding of a cow, brought 22 witnesses before the Court of Common Pleas on Wednesday and it was estimated that trial of the case will occupy two full days. The title of the case if Howard E. Kaneff vs. Henry B. Lyons. Kaneff is a resident of Warren Township. Lyons is a resident of Parkersburg, W. Va., but owns and operates a farm adjoining the Kaneff place.

On the night of August 9, 1936, it is charged, cattle on the Lyons farm broke down a line fence and one of the cows trampled the garden at the Kaneff place. Kaneff caught the cow and detained her in his barn, claiming damage to his crops.

Lyons is alleged to have gone before Squire Lycurgus C. Hall at Constitution and there to have filed an affidavit against Kaneff charging him with larceny. A warrant was issued and Kaneff was arrested and was lodged in jail where he was held, he charges, for three and a half hours. Then Lyons withdrew the charge and he was released.

The trouble between the two men created a lot of excitement at the time and Sheriff Arthur D. Mackey was summoned to the Kaneff place to stop a threatened fight. The sheriff quieted the trouble and ordered Lyons to go to his home. Instead, he went to court and procured a warrant, it is alleged.

Kaneff sued Lyons for $2,500 for falsely accusing him of larceny, and an added $2,500 for false arrest and wrongful imprisonment. 

Plaintiff is represented in court by Attorney Charles D. Fogle. Lyons is defended by Frederick C. Myers and the firm of Strecker & Williamson.

The Marietta Daily Times, February 27, 1937:

Verdict in Damage Case Is Returned

A verdict for $2,230 on a damage claim of $5,000 as sued for by Howard E. Kaneff of Gravel Bank against Henry B. Lyons of Parkersburg, W. Va., was returned by a jury in Common Pleas Court Friday evening. The jury deliberated for about 45 minutes and 10 of the 12 jurors signed the decree.

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