The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-10-04

ACUOn.
The trespass suit of Henry Collins
against the Carbondsle Traction COM
pany, was given to the jury yesterday
morning and in the afternoon q verdict
was returned awarding $500 damages
to Mr., Collins
When court opened yesterday morn.
ing the arguments to take the case
from the jury were resumed by Attor-
ney s. B. Price, Of counsel for the de-
fendant company. Major Everett
Warren and Attorney l. H. Burns,
counssls for the plaintiff, opposed the
motion.
Their position was sustained by
Judge Searle who decided to allow the
case to go to the jury. Closing argu-
ments were made by Attorney j. G.
Burr for the defendant and Attorney
|. Fl. Burns for the plaintiff.
After the case had been given to the
jury the eJsctment suit of Martha B.
Phelps against Cornelius Rudy was
called for trial before Judge Searle.
Attorney T. +. Wells appeared for the
plaintiff and Attorneys A. A. Chase
and James Mahon for the defendant.
HISTORY OF THE SUIT.
Mr.. Ruddy resides on Phelps street
and has in his possession a strip of
land that is claimed by the plaintiff.
In 1865 Mr.. Ruddy purchased from the
Phelps estate the property on which
he resides. in the rear Of this property
was strip Of land running back to a
creek which was 27 by SS feet in size.
This was fenced and titled by Mr.
Ruddy for number of years. and he
claims possession from the fact that he
used it as his property and had all such
right over it for upward Of twenty-one
years.
1t is held by the plaintiff that Mr..
Ruddy merely occupiedthe land by her
grace and that he knew he possessed no
title to it. When on the stand Mr..
Ruddy admitted that two years ago he
offered to purchase the land from the
plaintiff
His brother, James Rudy, created
somewhat of sensation by going on
the stand and swearing that he had
fenced in the land and had possession
Of it for time. Attorney A. A. Chase
thereupon Withdrew from the case as
attorney, and went upon the stand
and testified that yesterday morning
James Ruddy made an entirely differ
ent statement Of facts to him. 1t was
on the strength of that statement that
he was placed on the stand for the
plaintiff. Testimony for the plaintiff
was still being heard when court ad-
journed.
ASKED TO BE DISCHARGED.
The suit of Thomas Davis against D.
L. Kearney to recover 5000 he claims
Is due him as commissions for the sale
Of whiskey. occupied the greater por-
tiol of Yesterday morning. It went
to the jury about noon time. At 4,3O
o'clock the jury asked to be discharged.
but Judge Gunster refused to grant its
request.
An appeal from the decision of Alder.
man Fuller in the case Of Alexander
Maslo owskey against d. J. Gallagher
was next called up for deposition be-
fore Judge Gunster. Attorney J. F.
Scragg appeared for the plaintiff. and
Attorney E. G. Newcomb for the de.
fense
After the evidence for the plaintiff
was heard Judge Gunster granted q
non suit on the ground that the case
had no standing in court. as the alder
man from whose decision an appeal
had been takens had no jurisdiction in
the case. as it involved a question Of
title to land.
Non suits were granted in the cases
of Richard and John Evans against the
New York and Scranton Coal company,
limited, because the plaintiff failed to
put in an appearance.
ACTION ABOUT CULM,
Late in the afternoon the action o.
Isaac E LaBar against the Greenwood
Coal company was called for trial be-
fore Judge Gunster. Attorney S. B
Price, who represents the plaintiff
stated in his opening remarks to tn
Jury that in 1890 Mr.. LaBar purchased
from E. N Willard, of this city, an,
Abram Nesbitt. of Wilkes.Barre, trus
tees of the Lackawauna and SusQue
hanna Iron and Coal company, culu
pile on lands located near Moosic 70
$500.
Some time later Mr.. La Bar dis
covered that the Greenwood Coal com
pany had been taking a portion of tn,
culm and he sues to recover the prict
of the culm. The amount is fixed a
from A, 900 to 5000 tons.
The defendant company is repre-
sented by Major Everett Warren an
denies that Mr.. La Bar is the owner o
the culm in question.
In the case Of James Devers agains
Aaron Mcdonnell, a verdict was re
turned for the plaintiff In the case O
g. w. Green against Joseph Platten
berg and G. w. Moredock, verde
was taken for the plaintiff of SIS. 81 on
in the case of Jacob A. Thomas agains
the same defendants verdict for $53 8
was given.