The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-06-12
THREE THOUSAND FOR rice
His Case Against the Scranton Trac'
tiOn Company Settled.
VERDICT is AGAINST Mr.. JONES
d. Taylor Lacy Is Allowed S12 OF Tor the
Injury Done TO Ills Bicycle by Winns
Wagon Other Cases Called
Up in Court.


Scranton Traction company reached an
amicable settlement after being called
for trial in the main court room yes
terday. Mr.. Rice was injured by peihs
struck by one of the Traction com
pany's electric cars. In settlement Oh
the case the Traction company agreed
to pay Mr.. Rice $4,000.
Another case settled when called for
trial was that of John Fern and John
Malott against the city of Scranton.
They are owners of property on one OF
the West Side streets and by the grad
ing of that thoroughfare they claim
that their properties were greatly dam
aged.
After the grading of the street view
ers were appointed to fix the amount
ofdamage done, If any, and they award
ed Mr.. Malott 500. An appeal was
taken from this award to common pleas
court, but when the case was called
up for trial yesterday an agreement
of settlement was reached on the
basis of the award of the viewers.
Verdict FOR the CITY.
The jury in the case of ID. M. Jones
against the city of Scranton, an action
to recover damages for injury alleged
to have been done to plaintiffs proper
ty by the grading of North Main ave-
nue., came into court yesterday morn
ing and verdict was returned in IA
vor of the city. The case of j. f. Trout
against w. II. Hull, which was tried be-
fore Judge Searle, was given to the
Jury yesterday morning and verdict
returned in favor of Mr.. Hull. Mr.
Trout sued to recover the value of a
consignment of Florida oranges which
had been shipped to Mr.. Hull. The de-
fense was that they were frosted and
decayed and not worth more than the
$40 which Mr.. Hull sent to Mr.. Trout for
them.
After court opened in the main court
room the jury in the case of B. Taylor
Lacy against Patrick Winn returned
a verdict of $42.Oi in favor of Mr.. Lacy
for injury done to his bicycle by being
run down by Winn's wagon on Wash
ington avenue in July. 1898.
Mills Did Not Appear.
When the case of George w. Mills
against James Twiss, an appeal from
an aldermans judgment, was called
for trial before Judge Searle in court
room No. ., Mr.. Mills failed to appear
and nonsuit was granted.
w. C. Townsend was the plaintiff
in an action in assumpsit against Frank
Carlucci G Bro. The Carluccis had the
contract for erecting the monument of
George Washington which ornaments
the court house square at Washington
avenue and Linden street. This monu-
ment was erected in the early summer
of 1893, and was unveiled on Julys4,,
of that year.
The Carluccis awarded to Townsend
the contract for furnishing the granite
pedestal for the monument, but the
stone failed to arrive in time, and
when the monument was unveiled it
rested on a temporary wooden pedestal.
After the dedication the Carluccis
placed a granite pedestal under the
monument and refused to accept the
| stone which in the meantime had been
shipped by Mr.. Townsend. On the
strength of the contract Mr.. Townsend
insisted on receiving 1,O5S47, the price
of the granite pedestal, but the de-
| PENDANTS refused either to accept the
stone or pay for it, alleging that the
contract with Mr.. Townsend had been
| broken by the failure of that gentle
man to furnish the goods on schedule
time.
The plaintiff is represented by At
torneys willard, Warren & Knapp,
and the defendants by Attorneys Wat
son & Diehl. After the case had been
opened and one Of the witnesses fol
Mr. Townsend heard an Adjournment
was taken until this morning, when
the work of taking testimony will be
resumed.
Contention Over a Note.
The greater part of the day was
taken up in the main court room before
Judge Gunster in the trial of the action
of NJ. A. Mccarthy, of Ashley, against
Margaret Scanlon, Administrative OF
| the estate of Martin Scanlon de.
ceased. Mr.. Mccarthy seeks to re-
cover on a note and the defense is that
the estate owes him nothing whatever
Attorneys O'Brien and Kelly represent
Mr.. Mccarthy and Attorneys Watson
& Zimmerman and f. ]. Fitzsimmons
the defendant. When court adjourned
the closing argument to the jury by Mr.
O'Brien was being made. He will re.
sumo this morning.
Before Judge Searle in court room No
2 the suit of e. Biscell and company
wholesale hardware auctioneers ol
New York, against Henry Battin and
company, of this city, was on tria
when court adjourned for the day. The
plaintiffs are trying to collect $769 A.
| which they allege Is due them for goods