The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-10-04
ARGUING FOR A A0NSU|T
fEx.Judqe Jessup Says Plaintiff Pot
ter Mas Guilty Of Negligence.
Judge Lynch VIII Announce His Decision
This Morning Providence Ejectment
Case Tried In Court Room No. 8.
The Verdict In the Egg Case.

AT 3 o'clock yesterday afternoon the
plaintiffs side of the case in the Potter
trespass suit against the Scranton
Traction company for damages In the
sum of $40, 600 was closed and Judge
Jessup. Of counsel for the defendant,
began arguing for a compulsory nom
suit on the ground of contributory
negligence. The argument was fol-
lowed by counter argument ON the
plaintiffs side. Attorney |. ii. Burns
argued first and eX-Judge Ward nm
ished at o'clock.
The contention of Judge Jessup IN
support of the plea for inonsuit was
that Potter was largely instrumental
in his own misfortune, that ne con-
tributed to it for the reason that with
the employment of due care and dill
gence he would have ordinarily been
able to avert the accident and that,
therefore, the company should not De
held amenable for damages as the re-
suit of the injuries he sustained. The
major part of Judge Jessup's time was
in citing established precedentS IN
similar suits.
The answer of Mr.. Burns and eX-
Judge Ward contained many passages
of law and supreme court rulings
Judge Lynch will announce his decision
at the opening of court this morning
If the case should go to the jury 1t will
take THE remainder of the week to hear
the testimony of the defendant, for
there are upwards of score of wit
nesses subpoenaed General Manager
Frank Silliman. jr., and Superintendent
p. W. Gallagher, of the Scranton Trac-
tion company, have occupied seats at
the defendants table continuously
since the case opened.
Describing Mr. pOtter's disabilities.
DR.. II. D. Gardner was put upon the
stand the first thing when court opened
tn testify relative to the plaintiff 5 con-
dition Immediately after the accident
and at present. The doctor testified to
practically the same facts as the other
doctors who were on the stand hereto
fore. In describing Mr.. Potter's pres
ent condition he was quite graphic
The fracture of Mr. Potters leg healed
in such a way that he wobbles when he
walks. and he has a tendency to take
side steps. One leg is shorter than the
other. The injuries left permanent
marks on other parts of the body as
well. The witness was cross-examned
very closely by Major Warren.
A Mr. Wagner of Dunmore. was the
mex. witness. His story dealt with his
own expertlress as a Judge of horseflesh
and the eXcitability or irritability OF
the equine species under certain cond!-
tons Mr.. Wagner was very sure that
Mr.. Potter drove very gentle horses,
and he was equally as positive that the
ladders which are alleged to have
caused Mr. tPotter's horses to run
away would scare the gantlest of ami
mails. The witness saw the plaintiff in
the ditch the day of the accident.
Janson Cole, of Dunmore, County
Surveyor A. 3. Dunning and 4. G.
Weidner. of Dunmore, were the other
witnesses who We're heard before the
noon adjournment. The testimony in
the afternoon in the final stages of the
plaintiffs side was simply corrobora-
tive.
Suit for a Lot in Providence.
In court room No. 3 the ejectment
suit of Ambrose IMulley. the Providence
merchant, against Ellen NJ. Shoemaker
and George H. Shoemaker for lot Of
ground in the North End. was begun
and ended yesterday; the jury will rem
der its verdict this morning. Attor-
neys John f. Murphy and George w.
Beale appeared for the defendant. and
Hulslander & Vosburg for the plaintiff
The Shoemakers owed Mr.. Mulley some
money; they refused to pay it, he al
legged. and he got judgment against
them and sold them out. He bought in
the property and they refused to va
cate.
In the main court room before Judge
Edwards the suit for damages for cut
ting timber in Blakelv borough
brought by George w. Cramer and
John w. Cure against William G.. Mil
Ter. was on all day and lis ended but the
judges charge. which will be given this
morning.
BY agreement of the parties verdict
of 5000 was taken in favor of the plain
tiff in the case of Aswell against Nc
Nichols.
The jury in the assumpsit suit of the
Central Egg company. Of Owego N. Y,
against Alderman Bros, of this city,
for eggs. came into court yesterday
morning with a verdict Of S4S7.3l for
the plaintiff The amount sued for
was about 5000.