The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-07-31
The AoNsUT MUST REMAIN
Court Decides That Thomas kesnedy
Had No Cause for Actios.
Judge Simouton. Of Harrisburg. Presided
at Trial Case and Nousuited II Yer.
dict In lughos. Delaware and
Hudson Suit L. Upheld.

Judge Simonton's opinion In the case
Of Thomas Kennedy against the Della
ware. Lackawanna and Western Rail-
yesterday by Prothonotary Pryor. The
case was called for trial on April 8
last before Judge Simonton. OF Harris
burg, sitting In the court of this county,
and was nonsuited. Cornelius Smith
was attorney for the plaintim and Judge
Willard. eX-Judge Jessup and NJ. l. Cor
bett were the legal representatives OF
the company.
Kennedy lives on the West Side, and
was employed for upwards or nine
years preceding May 23, 1893. by the
company a, one Of its breakers on the
West Side. His occupation was chiefly
in hauling ashes from the boiler room
and taking coal in with a mule and car.
On the date aforementioned he was taxi
ing coal into the boiler room and after
the car was dumped. he showed II to
the door to hitch the mule to IT.. the
animal was around the corner ana
when he went to get 1t. the long-eared
creature broke away.
Hcli Into Hot Water.
Kennedy thought that a piece OF sheet
iron was what caused the mule to get
fractious. of which It evidently got
scared, and he picked 1t up to carry 1t
where 1t would be out OF sight. While
carrying the sheet iron behind the
boiler he stumbled into receptacle
that contained the exhaust steam from
the pumping engine. II contained about
three feet Of hot water and his leg was
SO burned that he was four months in
bed, and not able to work for almost
two years.
When the plaintiffs case rested court
granted a compulsorS nonsuit on the
ground that Kennedy went into a place
where he was not called to go either
in the course OF his employment or
otherwise. and that the company was
not therefore responsible for his acci-
dent.
The opinion was on the argument to
strike off the nonsult and Judge Sim
onton refuses to strike it off. He says
the facts in the case have not changed
since he granted the nonsuit.
Hughes Verdict Sustained.
Since Lackawsrna County was
formed no larger verdict has been rem
dered in the courts here. where the ac-
ton OF damages was on account of the
death of a person, than in the case OF
Mrs. Margaret Hughes against The
Delaware and Hudson Canal Railroad
company for the death of her husband.
At the Carbon street crossing on the
evening of Sept. 8. 1880, William j.
Hughes, of Luzerne street, husband Of
the laintiff, was driving over the tracks
in a buggy, a train dashed into the out
fit and Hughes was injured so badly
that he died thirteen days later at the
Lackawanna hospital He left wife
and nine children another laving been
born after his death.
The SUI. was called for trial on April
10 Of this year. Judge Simonton. OF Har-
risburg. presiding. Judge Willard. Ma
for Everett Warren and ex-Judge
Knapp appeared for the plaintiff. and
the company was represented by ex-
Judge w. H. Jessup, W. H. Jessup, jr.,
and Horace f. Hand. attorneys The
jury returned IA verdict of 80, 1896, with
the qualification that the court should
decide the validity ot the verdict on
the QUESTION as to whether or not the
husband of the plaintiff had been guilty
Of contrBbutory negligence.
Judge Simmonton's Decision.
An argument for new trial was
made and the decision OF the court WAS
announced in an opinion received yes
terday by Prothonotary Pryor. Judge
SImonton refuses to grant a ne'w trial
and ruled thai; Hughes was not guilty
of coptributory Negligence. The cross
ing was guarded 10y gates, but they were
not lowered on the approach OF the
train which killed Hughes, who drove
across on the supposit!on THAT no. train
was coming because the gates were not
lowered.
The opinion ordered Judgment for the
verdict to be entered against the COM
pany.