The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-09-18
Cases heard IN court
Suit Against Peoples Street Railway
Company Is on Trial.
LITTLE GIRL MAS RUN DOWN
Her Father Is Now Seeking to Recover
Damages for Her Death-Wasncr.
Bray Ejcctmcnt Suit on Trial
Before Judge Archibald.

In the two interpleader suits that
were before the courts yesterday and
a part of today, that Is. in the case of
A. +. Duffy against Wade Finn, trus
tee, and John S. Myers & Co., and in the
case of Atty Miller against w. S. Reed.
the juries found verdicts for the plain
tiff. The former case was not given
to the jury until late in the afternoon,
and 1t did not require very long for
the verdict to be reached.
In the main court room before Judge
Gunster the trespass suit of Albert
Henne against the Peoples Street Rail
way company. of Luzerne county, was
On trial all day, and was not finished
at adjournment. Attorneys Joseph
O'Brien and Colonel +. ]. FitZsimmons
appeared for the plaintiff and ex-Judge
Jessup and Attorney Horace T.. Hand
for the defendant. 1t is an action to
recover $1,000 for the death of Grace.
the 3-year-old daughter of the plain
tiff, on June 26, 1891, at the corner OF
West Lackawanna avenue and Seventh
street, by being crushed under the
wheels of a street car
The father lives near that place, and
is employed in the Il. Robinson Sons
brewery. He had been home to dinner
the day of the accident and departed
for work, leaving the child seated at
the table. About ten minutes after he
reached the brewery word came to
him that his child had been killed.
Said the Motorman Was to blame.
Attorney Charles r. Pitcher was
sworn on the part of the plaintiff. He
said he was a passenger on the car that
caused the accident. In his opinion the
motorman had not been exercising
proper care and caution, and was neg
in ,itNu hA Ia
talking and chatting with a passenger
who was riding in the front vestibule,
it being that kind of II car, instead Of
looking out ahead and attending to his
business. The passenger was leaning
against the window easement on the
side of the car that the child ran
toward, and was thereby obstructing
the view of the motOrman. Mr.. Pitcher
said that some of the passengers re-
marked before the happening of the
accident that the motorman was not
attending to his duty.
y. Ellsworth Davis. on the part of
the defendant, was sworn, and he testi-
fled that he was a passenger in the
front vestibule of the car that ran
down the Henne child He swore that
the motorman was using ordinary and
due precaution, and his evidence was
substantially to the effect that the ac-
ciderk was unavoidable The spot
where, or near where, the child was
killed was obstructed at the time with
building material. The jury was shown
a photograph of 1t az 1t was the time
of the accident There were other wit
nesses, but their testimony was in line
with the story thus given. The wit
nesses of the plaintiff said that the
company was negligent through its
employees. the witnesses of the defend
ant, that the accident was unavoidable.
The case was on at adjournment.
A DunmOrc Horse Case.
Before Judge Searle. of ,Montrose. in
No. court room, the suit of Harry A.
Depuy against Jesse A. Brady. both
of Dunmore, was called at o'clock,
and had gone only as far as the initial
step at adjournment. In the spring of
1889 Brady 1t Is alleged, bought brood
mare from Depuy and agreed to pay
$3.50 for the animal. Depuy did not
own the mare, but had her in charge
for John Silkman.
The mare was In foal. and the agree
ment was that Depuy should retain
the animal until the colt should be
four months old. Brady Is grandson
of the late Edward Spencer. of Dun
more, and as a beneficiary of the
estate, was receiving coal royalties
from Justice Alfred Hand, who is trus-
tee of the estate. Brady gave an order
for $3.50 on Justice Hand. and got bill
of sale. The plaintiff alleges that
Brady afterward saw fit to counter
mand the order. and since the mare has
not been paid for. Depuy, who made
the sale. was the first and only wit
ness sworn. The case will go on today.
Major Everett Warren and Senator
NJ. f.. Mcdonald are counsel for Brady
and Attorneys l. II. Burns and Z. c.
Newcomb for the plaintiff.
Trouble Over Lot In the Tenth Ward.
In court room No. before Judge
Archibald an ejectment suit In which
Charles Wagner Is plaintiff and 7. II.
Bray defendant. was on trial, and will
be resumed this morning.
1t involves the ownership of a lot Of
ground in the Tenth ward. Attorneys
Ward & Horn represent the plaintiff
and Charles II. Welles the defendant.