The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-06-08
NOTHING FOR MR.. Chiffon
His Wife Recovered Damages but He
Is Not so Fortunate.
VERDICT IN TURNPIKE CASE
1t VIII DO Brought Into Court by the
Jurors This Morning Point Re-
served for Argument Other Cases
That We're on Trial Yesterday.

To the great surprise OF those who
had not closely watched the trial of
Joseph Chiffon against the city of Car
bondale a verdict was yesterday re-
turned in favor of the defendant. As
Mrs. Chiffon had obtained verdict
of $1,000 for the injuries complained Of,
1t was considered a foregone conclusion
that her husband would be entitled to
recover something for the loss of her
services.
On the trial of this action. however.
the city of Carbondale succeeded In
Introducing testimony to the effect that
the internal troubles which Mrs. Chill
ton alleges were the result of the fall,
she sustained had ante-dated the acci-
dent by many years. 1t was on this
showing that the jury found for the de-
fendant.
Turnpike Company Against City.
After the Chiffon case went to the
jury the action of the Providence and
Abingdon Turnpike company against
the city of Scranton was called for
trial before Judge Mcpherson Attor-
ney II. W. Palmer, of Wilkes-Barre,
and Attorneys w. w. Watson and |. II.
Burns appeared for the company, which
was represented by its president. II. E.
Paine. Attorney S. b. Price represent
ed the city.
The action is for the purpose OF re-
covering from the city $3,7l2 which the
company expended in repairing por-
ton of the road that the city had
agreed to keep in repair. This COM
| pany's turnpike runs from Providence
Square to Waverly. That portion OF
the road within the city limits was free
from toll gates, but In 1889, In order to
extract toll from all those who were
using the thoroughfare the company
established toll gate at Cusick's hotel
on West Market street, seven blocks
west of the square.
City Builds n Rival Road.
After this action on the part of the
company the city opened Oak street
which enabled wagons to get down
from the vicinity of the Notch to the
city without using the turnpike The
road was somewhat unsafe and Farmer
James Decker and his load of hay went
over the side of 1t one day and the city
had to pay $500 damage in consequence
After Oak street was opened the Turn
nike company moved its toll gate down
to Winton's. near the square. ana ther
there was the loudest kind of demand
that it be abolished.
Finally an agreement was entereo
into by which the company removed Its
toll gates from the city and the latter
ha
the square to the Leggetts Greek
bridge. The first year the city eXpend'
ed $1,000 on the road and then 1t was
allowed to run down, nothing being
done to repair it.
Repaired by the Company.
After requesting the city to make the
| necessary repairs, and receiving no re-
sponse, the company proceeded to fix
up the road and charged the cost there
of to the city. Upon the payment OF
the bill being refused suit was brought
to recover $3,712. the amount claimed
with interest. The claim was resisted
yesterday on the ground that the
amount charged is exorbitant, and fol
the further reason that the city had
no authority or power to enter into such
| a contract with the Turnpike Company
The latter point was reserved from
the jury and will be argued before Judge
Mcpherson this morning. The ques-
ton of the amount due the Turnpike
company was submitted to the jury al
AIS, and an hour later 1t agreed upon
its verdict and -aled 1t. Whether OF
not the verdict will be allowed to stand
is dependent upon the ruling of the
| court on this reserved point.
Other Cases on Trial.
The Gumaer-Barber case continued
on trial all day before Judge Edwards
After the defendant rested evidence
in rebuttal was offered. Attorney II
M. Hannah made the argument to the
jury for the defendant, and Attorney
George NJ. Watson for the plaintiff
This morning Judge Edwards will de.
| liver his charge to the jury.
Before Judge Archibald the suit OF
Lazarus Meyer against Harry Richard
| son was on trial all day. The defense
was that Richardson never authorized
| Meyer to become security to pay none,
to Richardson's mother. Arguments tc
the jury have been completed. and
| Judge Archibald will deliver his charge
| this morning.
nIl1InNnct nv..sD-~,,