The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-11-28

to the jury would probably occupy the
entire day.
Before Judge Mcclure.
Before Judge Mcclure in court room
No. 3 trespass suit was in progress
during the day. 1t was that of Mrs.
Jemima Davis against the Peoples
Street Railway company, of Luzerne
county, for damages in the sum of
$4,000. Attorney Charles l.. Hawley
was counsel for the plaintiff and At
torneys eX-Judge Jessup and Horace e.
Hand for the defendant.
On Sept. 49, 1892, which was a rainy
day, Mrs. Davis got aboard of Green
Ridge car in the central city intending
to ride to her home on Capouse ave-
nue.. 1t is alleged that when the car
got to the corner of Penn avenue and
Mulberry street and began to descend
the incline toward the Dickson works
that the motorman lost control of it
and the car sped along with runaway
speed. At the intersection of Penn ave-
nue. and Olive street it collided with
another car and Mrs. Davis alleges to
have been thrown violently to the
street, sustaining injuries to her knee
and elbow which became permanent
and caused her pain and the loss of
the use of her arm and leg in the ordi-
nary care Of her household duties. This
was the substance of her case and the
defendant company placed on the stand
Drs, w. f. Allen, ]. ]. Sullivan and
Lackey, who testified that the disable
.,F, ,,nl, ,fNla it,r,
did not arise from the injury received
but from rheumatic pains or the chalky
growths in the joints. The case was
not finished at adjournment
Judge Archibald in court room No.
presided and the greater part of the
day was consumed with the suit of o.
A. Halford against William r. Williams
and S. D. Mayer Attorney L. c. New
comb appeared for the plaintiff and At
! torneys Major Everett Warren and
John r. Jones for the defendant. The
plaintiff Is rock driller and takes con-
tracts for boring holes with diamond
drills. The defendants engaged him to
sink bore hole in part of the West
Mountain off from Peckville and agreed
to pay him at the rate of $1.75 a foot.
They made a contract with him that the
depth Of the hole should be regulated
by the finding of conglomerate rock.
He sunk it to a depth of 1641a feet and
alleges to have struck conglomerate
rock
| Then he packed up his belongings and
went to execute another contract. When
the defendants examined the hole they
found 1t was not driven to the depth as
agreed to and they offered the contrac-
tor 81 a foot to sink it to their satlsfac-
ton. He refused, as he had another
| job, and they refused to pay him for
any of the work as he had not fulfilled
his contract. The case will go to the
jury today.
Eyerhar Ejectment Suit
From the day before the ejectment
suit before Judge Archibald was re-
sumed yesterday morning This is the
case where James NJ. Everhart is suing
to dispossess the defendants, G. F. Mes
bitt and G.. Mortimer Lewis, from thir-
ty-siX acres of land in Ransom town
ship. When all of the testimony of the
plaintiff was heard Attorney f. N. Will
lard, for the defendant moved for a
compulsory non-suit for the reason that
the plaintiff failed to connect the as
sessment against the land in dispute
with the treasurer's sale which was
made by virtue of the defaulting of pay
ment of the taxes on the land through
that assessment. Judge Archibald heard
the argument of both sides and after a
short deliberation granted the non-suit.
In the morning after the foregoing
case was disposed Of an appeal suit was
opened before Judge Archibald that of
Cleland, Simpson & Taylor against
Henry Battin & Son. 1t was book ac-
count and occupied very little of the
courts attention. The plaintiffs offered
the account showing a debt of 1921 .2i
and the defendant offered no testimony
The jury retired and In little while
brought in a verdict in favor of the
plaintiff for the full amount of the
claim.
Two other cases were called for tria
before Judge Archibald. The first was
that of William Davis against the New
York and Scranton Coal company, ap
, peal. Counsel for the plaintiff asked
for continuance and on motion of At
torney Thomas T. Wells the case wa!
non-suited on the ground that when Il
was regularly called up for trial in it.
proper order the plaintiff was not ready
to proceed and no proper reason OF
cause was adduced for postponemen
or continuance.
The same disposition for the sam,
reason was made of the appeal suit o
Michael Dee against the same company
In the case of Gustav thinner agains
Frank Passek the jury found verdic
of judgment for $3.50 in favor of tn,
plaintiff.