The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-10-02
THIRD WEEK OF COURT
Three Cases Come 10 a Sudden Termination
IN Main Court Room.
REASONS FOR CoNTINUANCES
In the Davidson Trespass Suit an
Amendment to Declaration Was
Allowed-lmportant Paper Missing
in the Spruks Case-In Devers Suit
Witness Could Not Be Found.
Case of Collins Against Carbondale
Traction Company on Trial.

The third week of the term of COM
mon pleas court began yesterday morn.
ing. Judge Gunster will again preside
in the main court room this week.
Judge Searle Of Montrose, came to the
city yesterday morning and is presid
ing in No. 2.
After the list was read yesterday
morning the following cases were con-
tinued: George A. Campbell against
Ellsworth Myers. trespass; Michael De-
vine against Peoples Street Railway
company, trespass; W. P. Connsll &
Sons against ]. w. Rice, appeal; Ed
win Ferris & Co., against A. J. Merrill
scira faciss; T. r. Walker & Son
against W. Il. Withers Paper company,
limited. assumpsit: New Lentis Min
ing and Smelling company against A.
f. Smith and others, assumpsit.
The first case called in the main court
room was that Of Thomas Davidson
against Thomas Sanders and James H.
jenkins. The parties reside in the
First ward, of this city, and it is al.
legged by the plaintiff that his property
was damaged by water flowing from
the roof of the defendants house ad.
joining. After jury had been selee ted
Attorney c. H. Soper, who represented
the plaintiff, asked permission to file
an amendment to the declaration. To
give him time to prepare it, juror
was withdrawn and the case cou-
tinued.
A PAPER WAS MISSING.
The action OF Spruks Bros. against
Catherine Norton was next called for
trial. 1t was brought to recover a bal
ance due for the construction of u
house for Mrs. Norton by the plaintiffs.
After the case was placed on trial it
was discovered that an important pa
per was in the possession Of Attorney
Paul r. Weitzel. He could not be
found and the case had to be contin-
ued.
James Devers against Aaron Nc
Donnell was the next case called for
trial. 1t was discovered that an i'm.
portant witness was missing, and the
case had to 90 over until this morning.
There were no other cases to take up,
and at 3 o'clock court adjourned for the
day in the main court room.
Before Judge Ssarle the action to re-
cover damages brought by Henry COL
Inns against the Carbondale Traction
company was put on trial yesterday
morning. Mr.. Collius is the owner Of
property on Brooklyn street, Carbon
dale. In 1892 the Carbondale Traction
company constructed its electric road
close to the sidewalk in front of his
property and raised the grade Of the
street three feet. The case has been
tried before. Attorney l. H. Burns
and Major Everett Warren appear for
Mr.. Collins and Attorneys J. E. Burr
and S. B. Price for the Company.
WATCHED WITH INTEREST.
The case will probably consume all
Of today. Its termination will be
watched with great interest by prop.
erty owners Of Carbondale, q mum Der
OF whom have similar actions against
the Traction company.
The suit of F. l.. Froment against
W. Fl. Taylor was referred to Attor-
nsy ]. Alton Davis. That OF White
and Metzsdr against the Richards S
Lumber company. assumpsit, was re-
ported settled.