The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-01-01
new TRIAL is GRANTED
Jury Compromises, Judge Smith Thinks, Are
Not Always Beneficial.
The LARKIN VERDICT STANDS
CitY's Request for New Trial Re-
fused-Non-Sui Stricken Off in the
Case of Mrs. Clayton Against Hill
& ConneIl-A New Trial Granted in
the Highfield Case.

Judge Smith was too i'll to appear in
court Saturday, and Judge Gunster
handed down batch of opinions for
him. The opinions disposed OF all the
cases before Judge Smith, whose term
of Office expires today.
During the months that Jud ge Smith
has been on the bench, he has proved
himself very capable judge. and has
won much warm admiration from
members Of the bar by his unfailing
courtesy in the trial of cases,
One Of the opinions handed down was
written by Judge Smith in the case of
Patrick Egan against the city of Scrau'
ton. Mr. Egan sued the city to recover
damages for land taken from him In
the widening of West Lackawanna
avenue. The case was tried in October
and verdict of $2j was returned for
the plaintiff,
A new trial was at once applied for
and Judge Smith in his opinion grants
it. He scorches the jury for bringing
in a verdict for $25.
1T cannot be said that the verdict is
based on the evidence" he declares.
The finding of the jury cannot be said
to tear any reasonable relation to the
evidence. II the plaintiff was entitled
to any damages at all land the weight
of evidence, in the opinion of the court,
showed that he was) the amount al
lowed by the jury is. under the evi.
dence, clearly Insufficient The YER
dict is evidently the result of an effort
to compromise, but while it is the duty
of jurors to reconcile their differences
and arrive at u satisfactory result, yet
the finding, even Of compromise. must
be predicated on the facts as disclosed
by the testimony.
THE VERDICT UNsUsTAINED.
"There is NOT scintilla of evidence
upon which the verdict in this case can
be sustained. 1t is rather in disregard
Of the evidence on both sides, not even
sustainable on any intelligent theory
of averaging the number of witnesses
or the amounts mentioned by them, nor
upon the testimony of one or more of
the witnesses assuming that one or
more was disbelieved. A verdict based
ON such a palpable disregard of the evi-
dence should not be allowed to stand.
Rule for new trial is made absolute"
On the day following the trial of the
Egsn case the suit of Michael Larkin
against the city, arising also from the
taking Of land for the widening of
West Lackawapna avenue, was tried
and verdict of 81, 400 returned. The
city applied for new trial, but in an
opinion Judge Smith refused to grant
one.
A non-suit was stricken off and a
new trial allowed in the case Of Mrs
Stella Clayton against Hill q Connell.
A change of venue was refused in the
ejectment suit of Isaac B. FeltZ against
the Delaware, Lackawanna d Western
company and new trial was allowed
in the case of S. B. Mott against Henry
Meyers, In the case Of Jones against
the Erie and Wyoming Valley Railroad
company new trial was also refused.
The case has been tried twice in this
county and was before the supreme
court once. The injunction in the case
of NJ. P. Kelly against the city of
Scranton was continued.
EXCEPTIONS ovERRULED.
In the matter of exceptions 10 the re-
port of viewers with regard to the
grading of Delaware street Judge
Smith overruled the following
Second-The benefits assessed exceed the
damages.
rd-That the report mingles in mex
tricable confusion two separate procesd-
ings and is effective for neither.
Fourth-That no assessment for costs
and expenses can be made till the contract
| for the work is made.
Fifth-That the viewers acted under mis-.
apprehension of the property owners right
to the natural grade.
The first exception is: That the assess
ments were not made according to benefits
but by feet front. The Judge says the re-.
port is not as clear as it should be, and re-
fers it back to the viewers for amendment
in this respect
A new trial was granted in the quar-
ter sessions case of the commonwealth
against George G. Highfeld, charged
| with embeZZlement.