The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-06-11
last week OF The Term
Cases That Came Up for COnsidera-
tiOn on the Opening Day.
NIX. LACY'S BROKEN BICYCLE
lie Wants to Make Patrick Winn Pay for
N-Casc Against u Fire Insurance
Company Settled Another Tres.
pass Case Against tho City.

Judge Searle came down from Mont
rose yesterday morning to assist the
local judges In disposing of the cases
set down for trial on this the third and
last week Of the May term of common
pleas court. Judge Il. w. Gunster Is
on the bench in the main court room,
Judge Searle was assigned to court
room No. 2, and Judge Edwards will
pass upon cases in No. Q.
The list of thirty-five cases for the
week was taken up for consideration,
after motions had been disposed of In
the morning, and cases acted upon in
the following manner Ann Munley
against the city of Scranton, trespass.
continued until Thursday; William Won
Storch against c. S. Won Storch, eject
ment, continued; l.. d. Warner against
Martin Allen, appeal, continued; Ed
ward Neary against John Hoban and
BARLEY Hoban, trespass, continued;
Simon Miller & Son against A. l.. Sahm,
assumpsit, discontinued; George Bre-
hony, against Scranton Traction COM
pany, trespass. settled and off list;
School district of Old Forge township
against John Jermyn, trespass, con-
tlHueu, III. a. ALchel ~ wa ","'NN
Florey, Holt & Jones, assumpsit, set
tied and off list.
BicycIc Was Wrecked.
Before Judge Gunster the first case
called for trial was b. Taylor Lacy
against Patrick Winn, an action to
recover DAMAGES for the breaking of his
bicycle by wagon driven by Patrick
VIM. of Bellevue. Attorneys E. c.
Newcomb and d. W. Brown appeared
for the plaintiff and Attorneys f. j.
Fitzsimmons and Fred r. Stark for the
defense.
In July. 1893, the defendant says he
left his bicycle standing alongside the
curb on Washington avenue with the
handle resting against tree. Wlnh'
he says, came along with heavy
wagon which he was driving close to
the curbstone and ran down the wheel
and almost completely wrecked 1t.
Winn. in his defense, said that the pi-
cycle was left standing carelessly AT
the curbstone with one wheel upon II
and the other on the pavement When
he drove along the jar caused the wheel
to move and it ran out under his wagon
and was smashed before he could do
ANYTHING to save it. Judge Gunster, In
his charge to the jury, outlined tne
rights of bicycle riders and at 4.5o the
iury retired to deliberate. The case
was tried before and resulted in dis
agreement of the jury.
Before Judge Searle.
In court room No. 2 the case OF
Thomas Cavanaugh, of Covington,
AGAINST the Iron City Mutual Fire In
surance company was called 1or trlai.
Mr.. Cavanaughs claim was for sl'Zoo
for insurance on barn and stock de-
stroyed by fire. After the case had
been put on trial settlement was
affected, Mr.. Cavanaugh agreeing 10
accept $500. The case was thereupon
stricken from the list.
The appeal of Elizabeth Brandt
against Charles Teeter was then called,
but the defendant failing to put In an
appearance a verdict for the plaintiff
in the sum of s512S was t.-xen. When
the suit Of C. ]. Stone against James
Flynn was called, the plaintiff not ap-
pearing nonsuit was granted.
When court adjourned for the day
the case of ]. F. Trout, of Grand Rap
ids. Mich., against w. II. Hull was
on trial. The plaintiff owns an orange
grove in Florida and in March, 1893,
shopped fifty boxes of oranges to w. H.
Hull, of this city. The latter claims
they were frosted and decayed when
he received them, and has refused to
pay more than s43 for them, declaring
that is all the consignment was worth.
Trout wants to recover for all Of the
oranges shipped. Attorney S. w. Ed
gar appears for the plaintiff and Attor-
ney Charles L. Hawley for the defense.
Case Against the City.
The action of D. NJ. Jones against the
city Of Scranton was tried before Judge
Edwards in No. g. Mr.. Jones sues to
recover $500 for damages he says was
done to his property at Swetland street
and North Main avenue, by the grading
of the latter thoroughfare. The grade
was raised three feet, which Mr.. Jones
says was an injury of $500 to his prop
erty.
He was represented by Attorney I.
II. Burns and City Solicitor Torrey ap-
peared for the city, which contends
that Mr.. Jones' property was benefited
by the grading of North Main avenue.
The case was given to the jury at
o'clock, but a verdict had not been
agreed upon when court adjourned.