The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-01-16
Says He Is a Cripple by Reason Of The Neg
ll6elCe Of the D. ( Il, G. Go.
he DESCRIBES The ACCIDENT
Says That the Carriage in Which He
Was Being Lowered Into the Dick
son Shaft Struck the Fans--The
Result to Him-Other Cases Heard
and Disposed Of in Court--Morss
Jury Goes to Carbondale.

Patrick Burke, young man who re-
sides at Dickson City, is the plaintiff
in u trespass suit against the Delaware
and Hudson Canal company that was
called for trial before Judge Archibald
in court room No | Yesterday after
noon. On July 90. 1885, Mr.. Burke
sustained injuries in the Dickson shaft
at Green Ridge, operated ny tho D9la.
ware and Hudson Canal company. AS
result Of tho accident his right leg is
crippled and no says he has other per.
manent injuries. Colonel 7. j. Martin,
Of Wilkes Barre, and Attorney I. j.,
Duggan appeared for Mr.. Burke, and
ex Judge W, II. Jessup for the com
pany.
The plaintiff was the frat witness
examined. He said that on July 20,
1887, between and Z o'clock in the
morning, with several other mine
workers. he got on the carriage to go
down the shaft to tho Clark vein,
where they were employed At the
fourteen.foot vein, which is about half
down the shaft. the carriage struck
fans that extend out into the shaft for
the carriage to rest on when it stops at
the fourteen-foot vein. Just before
they went down a load Of men had
been lowered to the fourteen foot vein 4,
FANS WERE NOT RAISED.
When the carriage again went to
the surface. the fans were not raised,
and as it descendsd to the Cark's vein
it struck the fans with great force aud
rebounded about five feet Tho shock
threw the men violently to the floor of
the carriage, and witnesses right knoe
struck one of the iron rails. The leg
was forced backward until it touched
his back and several men fell across
his breast. He was taken home and
his right knee and ankle found to be
injured and he had also sustained in.
ternal injuries.
These injuries confined him to bad
for four months and it was two years
before he was able to resume work. He
| is now employed as miner in the
Richmond mine. About year and a
half after the accident several pieces
Of bone had to be taken out of the
knee. On cross examination Mr.. Burke
admitted that sixteen years ago when
he was boy of IL be had the same leg
broken above the knee 1t made hin
slightly lame, but never gave him any
trouble. The contention is that the
mechanism that operated the fans was
not in good order and the accident wss
the result.
SAFETY BLOCK PUT IN.
Joseph Boyd testified that before the
accident the lever used to raise and
lower the fans at the fourteen foo
vein insscurely held in position. After
the accident the lever was supplied
with safety block. Dr. Arndt. of
Green Ridge, who treated Mr.. Burke
was called and testified to the nature
of injuries he found when called tC
attend Mr.. Burke after the accident OF
Aug s.
In court room No. 2 where Judge
Gunster is holding court this week the
case of Benjamin Howey againS
James Wilson WAS called for tria
yesterday morning Attorneys Huls
lander & Vosburg appeared for tn,
plaintiff and Attorneys Connolly AM
Davis for the defendant.
Mr. Howey was employed by Mr.
Wilson to do some work and in pay
nsnt was allowed to plant piece o
land owned by the defendant. Befor,
the crop ripsnsd Mr. Howey was dis
charged and Mr.. Wilson refused to al
low him to remove the crop he hat
planted The suit was brought to re-
cover its value, A verdict of $40 70
Mr.. Howey was returned by the jury
JURY GOES TO CARBoNDALE.
A jury was sworn in the case of Loi
Morss against the Scranton and For
est City Railroad company. The plain
tiff sues to recover damages for Ian
taken in building the railroad. Th
jury went to Carbondale at noon to eX
anime the land. This morning th
trial Of the case will begin.
A verdict of 81, 1872 "a was taken b
agreement in tue case of j. Hay 4
Sons, of Easton, against S. W. an
NJ ry j. Bsemsr. The case Of A. NJ
Meyer against P. II, Koons and VIII
lam Koch, replsvin, was reported set
tied and was stricken from the list
BY agreement the case of Dr.. A. L
Burr against the Scranton llluminat
, ing Heat and Power company was re-
ferred to Attorney c. W. Dawson.