The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-01-17
BURKE is NON-SUITED
Judge Archibald Does Not Think That He
Made Out Case.
The N0RSS Case IS ON TRIAL
The Scranton and Forest City Rail-
road Company Ran Its Road
Through the Property of the Late
George L. Morss, of Carbondale.
His Widow and Heirs Want Com
pensation for Damage Sustained.

A non-suit was granted by Judge
Archibald at 30 yesterday afternoon
in the case of Patrick Burke against
the Delaware and Hudson Canal com.
pany. He Immediately afterwards al
lowed rule to be entered TO show
cause why the non suit should not be
stricken off. The plaintiff was much
chagrinsd at the abrupt termination Of
| the case.
When court convened yesterday
morning William Littlejohn was
called to the stand for the plaintiff. He
said that when the carriage struck the
fans on the day of the accident it re-
bounded about four feet. John J. Mur-
ply, who operated the fans at the tim.
OF the accident, said that after it oc
Cured the mine boss told him to put
block at the fan lever to prevent the
fans from falling into the shaft. He
was Of the opinion that without that
block jar might cause the fans to fall.
Mrs Bridget Burke, mother Of the
plaintiff. testified that she nursed him
for months after the accident and that
it was two years before he was able to
resume work. Patrick Hogan, who
was on the carriage with Burko. said
that it jumped about two or three feet
when it struck the fan.
SOME EXPERT TESTIMONY.
Alfred Weeks, civil, mining and
mechanical engineer. was called to
give expert testimony. IN his opinion
the fans were not properly guarded.
Christopher Smith was also called as
an expert and said that in his opinion
the fans in the Dickson shaft we're not
reasonably safe appliances as arranged
at the time OF the accident. J. L. Ath
erton, assistant superintendent of the
Delaware and Hudson Canal company.
said the fans weighed between 600 and
700 pounds.
At o'clock the testimony was all in
aud ex-Judge w. II. Jcssup, attorney
for the defendant, asked for n non.suit
He said it was the duty of the plaintiff
to show that the defendant was re-
sponsible for the accident and he had
not done. The presumption was, be
said, that the fans did not move with
out some one moved them. If one OF
the workmen had moved them it was
an act Of negligence on the part of a
co-laborer and the defendant could not
be held responsible FOR it.
The motion for a non-suit was op-
posed by Colonel T. r. Martin. Judge
Archibald, in reviewing the testimony,
said that the position Of counsel for
plaintiff was correct and he allowed
the non-suit.
In court room No. Q the trial Of the
case of Mrs. Lois Morss and Others
against the Scranton and Forest City
Railroad company was called for trial
yesterday morning before Judge Guns
ter. Ex-Justics Alfred Hand and his
son, Attorney W. j. Hand, represent
the plaintiffs, and Attorneys G. H.
Welles and j. L. Burr the defendant.
CAUSE OF THE SUIT.
Mrs. Morss is the widow Of George
L. Morss, who owned big track o!
land above Carbondale on which is the
family residence. A sawmill aud tan
merry were at one time in operation or
the tract. There are 227 acres Of lant
in the tract, and it has frontage Of q
mile and q quarter along the Laska
wanna river
The.railroad Of the defendant COM
pany wss run through the tract cutting
it off from the river for the entire
length. 1t also rendered Of little value
the land between the road and river
The road runs over q valuable stCnt
quarry, and the noise and dirt from tn,
passing engines make the homestead
an uninviting dwelling place Proper
damages are asked.
When court adjourned yesterday af
ternoon all Of the testimony for thu
plaintiff had not been heard.