The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-10-03
Cases heard IN Court
Binding Instructions Asked for in the Collins
TreSpaSS Case.
Want TO PUT Blame ON The CITY
Attorneys for the Defendant Say that
the Traction Company is Not the
Party at Fault-Sale of a Stove
Brings Case Into Court-A Dis
pute Over the Size of a Commission.
Two Non Suits Granted.

The trespass suit of Henry Collins,
OF Carbondale, against the Carbondale
Traction company, which has been on
trial before Judge Searle in court room
No. 2 since Monday. was closed yes.
terday with the exception of the argu-
ments of counsel and the charge of the
court to the jury.
Photographs Of the building of Col.
Inns after the street railway was built,
were submitted in evidence. When
the testimony Of both sides was closed
Attorney S. B. Price, for the defense,
asked the court for binding instructions
to the jury. Mr.. Warren. for the plain
tiff, followed and opposed the argument
set up by Mr.. Price, who held that the
city of Csrbondale and not the Trac-
tion company was liable for any dam
age done to the Collins property after
the road had been built, as the city
councils granted the right of way to
the company.
Judge Sesrle did not rule on the mo-
motion of Mr.. Price. He will give his
decision this morning.
SUIT FOR A STOVE
In court room No. 1, before Judge
Gunster, the suit Of James Devers
against Aaron Mcdonnell was heard.
Attorneys Hulslander and Vosburg ap.
peared for the plaintiff and Attorney
Q. 81. Soper for the defendant.
On June 18, 1892, Mcdonnell and a
constable went to the house of John
Ogden, on Jones street, one Of MeDon-
nells tenants who had defaulted in the
payment of rent. They found the door
locked but the window was partly
raised and both lifted it up high enough
to admit them.
On the inside they levied upon the
goods, among which was cooking
stove. Later Ogden came back to the
house and carried off the stove to the
house of neighbor, James Devers,
the plaintiff in the case. Mcdonnell
and the constable. having been ap.
prised OF the move. went to Dever's
house, seized the stove and sold it.
The defense maintained that they
were justified in entering through the
window since it was partly raised and
the court upheld their veiw of it.
DIFFERENCE OF THIRTY PER CENT.
In the afternoon, before Judge Gun.
ster, the appeal of Thomas Davis
against d. +, Kearney was called for
trial. J. Elliot Ross and 7. P. Hoban
were attorneys for Kearney and E. H.
Shurtletf for Davis.
Kearney. who is general Scranton
agent for the Edgewood Distilling
company, appointed Davis sub.agent
and, it is alleged, agreed to pay him go
per cent. OF the net profits on all sales.
Kearney disputed this agreement and
held that 30 per cent. was the basis of
commission on all sales. The plaintiff
sues to recover commissions amounting
to over $500. The case was on at ad.
journment.
The ejectment suit of James M. Ever.
hart vs.. George F. Nesbitt and G.. Nor
timer Lewis were continued. That of
w. D. Osterhout & Son VS.. Anna R.
Freeman, appeal. was. settled and
stricken off the list.
TWO NoN-sUITS GRANTED
The replevin snit of William J,
Campbell. administrator, against Ana
statia Dunn and Thomas Dunn came to
an abrupt ending. Court granted a
compulsory non suit Another suit,
Joseph Ordamus against The Pulaski
association, appeal, was non suited,
the plaintiff not appearing when the
case was called for trial.