The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-04-11

Munley, Of the West Side. against the
city of Scranton. was called for trial
yesterday morning. Attorneys Joseph
O'Brien and |. ii. Burns are conduct
ing the plaintiffs side Of the case and
City Solicitor James ii. Torrey and
Attorney L. N. Willard appear for the
city.
Mrs. Munley seeks to recover dam
ages for the death OF her husband, who
was killed by falling into the areaway
OF the lot at No. II Lackawanna ave-
nue. on the night OF Nov. "a, 1883. At
the time of the accident the Munleys
resided at Archibald and Mr.. Munley
was on his way to the Delaware ana
Hudson station to get aboard train
going to his home.
At that time a new building was be-
ing erected at the place where the ac-
cident occurred and Il temporary side
walk had been laid in front of the prop
erty. This sidewalk, 1t IL alleged, was
improperly constructed and guarded
and I'm consequence Mr.. Munley fell off
and was killed.
Case Was Tried Before.
This case has been passed upon by q
Jury before. The suit was first tried
against John Huh, the owner or the
property, but II was decided that he was
not responsible, as the city was charged
with the supervision Of sidewalks. SeV-
eral months ago the action against the
city was heard and n verdict for Mrs.
Muniey returned. his was afterwards
set aside by Judge Archibald and a new
trial granted
When the plaintiff rested yesterday,
City Solicitor Torrcy applied for "A non
suit on the ground that no negligence
ON the part Of the. city had been shown.
Judge Archibald refused the motion and
decided to have all the evidence heard.
Ex-Police officer Anthony Welsh was
called for the defense and swore that
Munley was intoxicated on the night of
the accident.
The case of James Flynn against G.
5. Jacobs was heard before Judge Gun
ster, and "A verdict of s35,77 returned in
favor of the plaintiff.
Another Trcspass Suit.
Before Judge SlmontOn, in court room
No. ., the trespass suit of Mrs. Mar
garet Hughes against the Delaware and
Hudson Canal company was tried.
Major Everett Warren and ex-Judge II.
a. Knapp appeared for the plaintiff and
ex-Judge w. II. Jessup and Attorney
william Jessup for the defendant com
pany.
The plaintiff was the wife of William
Hughes, who was killed in September,
1870, at the Carbon street crossing of the
Delaware and Hudson Canal company,
in this city She was the first witness
called, and testified that on Sept. 81,
1890, her husband, in company with
David Y. Jones. left home with his
horse and buggy at about 6 o'clock in
the evening to go to Providence She
first learned of the accident about IL
O'Clock that evening when she was in
formed that her husband was at the
Lackawanna hospital. He died thir-
teen days after the accident.
David Y. Jones, who was with Mr..
Hughes at the time of the accident,
testified that when he and Mr.. Hughes
drove down Carbon street they stopped
about forty feet from the crossing to
allow coal train to pass which was
passed they drove slowly to the cross
ing. Owing to the buildings on the
north side of Carbon street it Is i'm
possible for one to see a train coming
south towards Scranton until the track
Is reached.
stopped Second Time.
When they arrived near the track
they stopped a second time, but they
did not hear or see any train coming
and so they made an attempt to cross
the track and We're run into byAa train
coming toward Scranton. Mr.. Jones
said there was no watchman at the
crossing. Witnesses for plaintiff were
still being heard when court adjourned
Action on II Mechanics Lien.
Before Judge Gunster the action of
Spruks Brothers against Charles Murch
to recover $326.0S on mechanics lien
was heard. The claim Is for material
furnished for a house erected by the
defendant. All of the testimony for the
plaintiffs was in when court adjourned
The defense will be heard this morning