The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-09-24
SECOND week OF THE Term
Many Cases Continued Until the Next
Term for Various Reasons.
DOUBT ABOUT BOROUGH LINE
Question of Where Archibald Is at Raised
In the Staples Trespass Case-An
Ancicnt Mayor's Court Case Re-
vived-Ejcctmcnt Suit.

Sultry weather made the atmosphere
of the court rooms oppressive yester-
day, and the sweating attorneys, Nlt-
nesses and jurors We're glad when the
judges adjourned court in No. ] ana
No. . early in the afternoon. Judge
Edwards. bronzed and healthy looking
after his European trip, was on the
bench in the main court room, ana
Judge Thomas Morrison, of Mexican
county, was asked to trial cases in No.
.. Judge Gunster will try cases in No.
3 during the week.
After the list of cases was read in
the morning the following were con-
! tinued: Margaret Suedden against
CarbOndale Traction company, tres
pass: Thomas Morrison against Car
bondale Traction company. trespass;
Frank Wells against Carbondale Trac-
tion company, trespass: Liveright,
Greenwall e. Co. against Y. +. McDer-
mott and T.. A. Barber, assumpsit: I'm
cinnati Safe company against NJ. NJ. De-
Witt, assumpsit; +. \. Beamish against
Delaware, Lackawanna ana western
Railroad company, ejectment.
The cases Of Jacob SurovitZ against
John Jermyn. trespass: and Patrick Gil
gallon against Thomas Foy, appeal,
were discontinued. The appeal of w.
John against Lawler X Conway was
referred to Attorney John =. Kelly for
consideration.
,,.,
""" - "e>T''s'''' '"'
Before Judge Edwards the trespass
suit of William Staples against the Dor
ough of Archibald was called for trial IN
the morning. Attorneys Hulslander 4
Nosburg appeared for the plain,in and
City Solicitor Torrey and Attorney ius
Battenburg for the borough. Ihe pam
tiff sues to recover the value OF morse
that was killed on Feb. :, 1898. on what
he alleges Is one of the streets or the
borough of Archibald. At the time OF
the accident which resulted in the death
of his horse bobsled, to which the
horse was attached was wrecked, :,
on the day of the accident staples
| son was driving team attached 10 Il
bobsled from Scott to Jermyn. TN the
sleigh he had load or cora WOOD
| which he was taking to the Jermyn
Powder MILL At point along the ROAD,
| which Staples alleges Is IN Archpald
borough. runner OF the sleiSh struck
a stone which projected up throush the
snow. causing the sleigh TO Veer around
ana break the tongue rms lrisntehsu
lhe horses anu they ran away. VIII ti,,nn .n1
IN. .,ai inh u,oS roducad tn n wreck
The action was brought to recover
| damages from the borough OF Arch
| bald. which. 1t is alleged, was RESPONSE
BILE for the accident in railing TO Keep
the street in proper condition. The de-
fense to the action Is that IL diu not
occur In the borough OF Archpaid'
There Is dispute as 10 the ilhe De,
| tween the boroughs OF Jermyh anu
| Archibald, and 1t Is contended that the
| stone which caused the trouble was IN
Jermyn ana not in Archnaiu borough:
Upon learning TINS the plalntiH pieau
surprise ana asked TOT an adJourhmeht
| until today to secure the testimony OF
ClVll Engineer tumuhd 'bartl, VINO mas
made survey OF the ilne IN question,
Judge Edwards consented 10 ADJOURN
court until To-Day that the necessary
testimony may De secured 10 estapiish
the correct location Oh tne line.
| In court room NO tne ancient case
or Edwin Ferris d CO. against a. >;
MeITlil anu =. . JohhsoIi was hearu
&C., th, 'uusu n,srs. ~ roon,n,,nn 'oa on % %
iudpmont obtained in the old mavor's
court of this city on sent % 1S73
,..,.. y.n,.,
say '"' '""s"'
| 1t IS alleged by the deiendahts that
| the Judgment was satlsheu, the testi-
| moiiy oi the uelenudrt uenu,hs 10 snow
that some Nime after the judgment was
Cbtained the de1endaht sent check 10
Attorney a. A. Chase, VINO represented
the plalntln, IN payment OF the Judg-
| ment. Inc check mas SINCE peen lost