The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-04-06
TRYING clayton Case.
Closing Testimony Was Heard Before Court
Adjourned for the Day,
MOTION MADE FOR A NON-SUlT
II Will Be Renewed in Court This
Morning-Hearing Testimony Be-
fore Judge Edwards in One Of the
Trespass Gases Against the Gen.
trial Company-Verdicts in the
AnglemoYer and Other Cases.

At II o'clock yesterday morning the
plaintiff rested in the trespass suit of
Mrs. Estella Clayton against Hill
and Council. Major Warren the at
torney for the defendants, asked for
non-suit, but Judge Mcpherson decided
to hear all of the testimony in the case
before passing on the question. He
directed the defense to proceed with
its case with the privilege of renewing
its motion for n non suit when all the
testimony was heard.
The defense closed just bsfore court
adjourned and the motion for the non
suit will be made this morning. The
testimony Of the defense was to the eff
feet that if Mrs. Clayton had used
ordinary care the accident would not
have occurred.
Before Judge Edwards the caso of G.
II. Thomas against r. T. Post was
tried. Post employed Thomas to drive
his team, and for two months labor
paid him $27 Thomas claimed $40 and
sued to recover the balance due. The
defense was that Thomas made an
agreement with Post to work on shares
and in accordance with that agreement
$27 was all he was entitled to. The
jury returned verdict in favor of the
defendant.
SUIT AGAINST JERSEY CENTRAL
The action for damages Of Patrick
Kearney against the Central Railroad
of New Jersey was next put on trial.
1t is claimed by the plaintiff. who owns
a property on the bank of the Lacka-
wanna river. which property has a
| frontage on Water street, that tho de-
fendant company obstructed the chan
mel Of the river, causing the water to
back up during freshets and overflow
his land. 1t was inundated in Decem-
her, 1888, and February, 1884, and a
portion Of his land washed away. For
this no wants damages Mr.. Kearney
is represented by Attorney A. A. Chase,
Senator NJ E. Mcdonald and Attorney
Joseph O'Brien and the defense by At
torney Z N. Willard. Witnesses for
the plaintiff were being heard when
court adjourned for the day.
After being on trial two days before
Judge Archibald. the case of David An.
glemoyer against tho Third National
Bank. garnish0e. for W. H Reinhart,
was given to the jury at 3. 80 yesterday
afternoon. An hour later the jury re-
turned verdict to the effect that at
the tims the attachment execution was
served, there was $27702 deposited TO
the credit of w. II. Rsinhart in the
Third National bank. The verdict is a
victory for the plaintiff,
SUIT ABOUT INSURANCE.
At g. As the suit of John Brannen,
executor of the estate of Margaret
Brannen against the Prudential Life
Insurance company Of America was
called for trial
Col. F. L. Hitchcock appeared for
thu plaiatiff and Hulslander and Vos-
burg for the defense. The plaintiff
sues to recover on life insurance
policies for $500 and $lS2 respect
lively on the life of Mrs Mar
garet Brannon, who died ut Minooka
in 1890 The company refused to pay
the policies on the ground that those
who held them had no insuraOle inter
eat in Mrs. Brannen. The trial of the
case will be resumed this morning
A verdict was returned in the case
of Enos Flynn against Patrick Moran
for &1j3 "a, in favor of the defendant.
In the case of w. H Qnick against
William Hanley. Mr.. Quick obtained i
verdict for S26 l2