The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-07-26
have taken An APPEAL
First Cases from This Couaty Taken
to New Superior Court.
D. & II. co. THE APPELLANT
Decision Of Judge Gunster Allowing q
Grade Crossing at MOosiS Is Not Sat.
isfactOry 10 It-Rules Adopted
by the New Court.

The first cases appealed to the new
Superior court from this county are
those Of the Delaware and Hudson
Canal company against the Scranton
and Pittston Traction company. and
the Scranton and "it,stoD Traction
company against the Delaware and
Hudson Canal company. In each case
the Delaware and Hudson Canal COM
pany Is the appellant.
These proceedings were begun at
the time the Traction company
made an effort to cross the Delaware
and Hudson company's tracks at grade
at MOoslc station and at Stark's Patch,
below Moosic.
The Traction company enjoined the
railroad company from interfering WIFI
1t In laying the crossings. and the rail-
read company enjoined the Traction
company from laying the crossings
This kept the matter In statu quo pehd-
ing the decision OF the court on the
rights OF the company.
In disposing of the applications for
preliminary injunction the court decsd-
ed that the Traction company could not
cross the steam road at grade. Later
the matter came up for final hearing
and Judge GuRster went over the
ground that he might have clear idea
of the situation at the points where the
Traction company desired to cross.
Judge Gunstcr's Decision.
His decisiolt which was exclusively
announced In The Tribune month ago,
Al. h.. .tsrhf
to cross the Delaware and Hudson rail-
road at grade at the Moosic station, as
there was no other feasible way of
crossing at that point. At Spring
street, In Stark's Patch. the Traction
company was directed to tunnel under
the steam road. 1t is now preparing to
comply with the decision OF the court.
The Delaware and Hudson Canal COM
pany Is not pleased with Judge Gun
sters decision allowing grade cross
ing at Moosic station. and has therefore
taken an appeal to the Superior court
The judges OF the Superior court met
at Harrisburg Wednesday aai promul-
gated the rules to govern its proceed
ings. The terms were fixed as follows:
At Philadelphia the court to sit the
first Monday in November for six weeks
for Philadelphia county ard the other
eastern counties. At Scranton the first
Monday Of January for Luxerne, Colum-
bia and Montour; second Monday Of
January for Lackawar,na, Monroe. Car
bon and Wyoming. The third Monday
of January for Bradford. Susquehanna
Wayne and Pike counties.
At Williamsport first Monday OF
February, continuing three weeks. At
Harrisburg, first Monday Of March,
three weeks. At Pittsburg. the first
Monday Of April, continuing six weeks.
Where 1t VIII Sit In Scranton.
The court will probably sit In Scran-
ton In the federal court rooms, over the
postoffice.
The rules follow those OF the supreme
court pretty generally. Appellees must
be notified of appeals taken by appel
liant. Assignment Of error must be filed
the first day Of the week In which the
case is set down for argument.
Outside Of Philadelphia, appellant
must serve appellee with copy Of his
paper book twelve days before argu-
ment, and the reply book served at
least five days before time appointed
for hearing case. Samuel H. Stevens
will be prothonotary of the new court
in this city.
Judge Mccarthy, OF the Superior
court, yesterday at Phlladelphia made
this announcement, which will be of in
tere5t TO those who are seeking other
positions at the disposal Of the court i
I'VE have decided to make no appoint
ments OF criers or tipstaves In any one
Of the districts until fall" The first
session of the court will be held in Phil
adelphia on the first Monday in No
vember.