The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-09-27
ROBERTS TRESPASS SUIT
Was on Trial All Day In Main Court
Room Before Judge Edwards.
NUMBER OF WITNESSES HEARD
They All Agree That the Gates at tho
Carbon Street Crossing We're
Up ut the Time the Acct.
der Occurred.

Mrs. Mary Roberts suit against the
Delaware and Hudson Canal company.
to recover damages for the death of
her husband, continued on trial all of
yesterday before Judge Edwards, and
jury In the main court room. e. NJ.
Streeter, of Dalton. was the first wit
ness called yesterday morning. He
saw the accident when Mr.. Roberts
was run down at the Carbon street
crossing by one of the Delaware and
Hudson trains. and so severely injured
that he afterwards died. The gates at
the crossing were raised at the time
of the accident. Witness saw the trail
rushing towards the crossing and saw
Roberts try to jump from the wagon
in which he was riding In a desperate
effort to save his life.
A. d. Holland testified that a man
OF the age of Roberts was when he
was killed had IS years to live ac-
cording to the Carlisle tables Miss
Annie Walsh saw the accident and was
sure the gates were raised at the time.
Mrs Loughney and Mrs. John Biglin
testified that they We're eye witnesses
of the accident The whistle of the
engine was not sounded until II was
close to the crossing. After Roberts
had been struck they went out on the
road and saw him lying near the side
walk. On cross-eXamination they said
the wagon of Ashman Johnson was
not then to be seen anywhere in the
vicinity.
Other Testimony Heard.
G. T. Matthews testified that the
crossing Is very dangerous, and that
1t Is the practice of teamsters to stop
| about twenty-five feet from 1t to as
certain If 1t is safe to pass over. II.
I. Mason, surveyor who made q
map of the vicinity of the crossing,
testified to its accuracy. and then DR..
Lowry, of Carbondale, who was house
sergeant at the Lackawanna hospital
at the time of the accident, was sworn
He testified that the autopsy re-
vealed the fact that Roberts had an
enlarged heart, a diseased condition
which would tend to shorten his life.
DIR. Lowry was undergoing a searching
cross-examination when court ad-
journed for the day
The greater part Of the time of Judge
Gunster and jury was consumed in
court room No. with the trial of the
suit of Max kemmer. of North Lin
coin avenue, against the city Of Scran-
ton. Mr.. kemmer is The owner of a
lot of land on North Lincoln avenue,
which he says was greatly damaged by
the change Of the grade of that ave-
nue.. This change of grade was au-
thorized by an ordinance passed by the
city councils which raised the avenue
seven feet in front of Mr.. Kemmer's
property.
Viewers appointed to assess the bene-
fits and damages, awarded Mr. Kem-
mer $500, but from this award the city
took an appeal. lit contends that Mr.
kemmer was in nowise injured by the
change of grade, for the increase in the
market value of the property was suf-
ficiently higher after the grading to
more than pay the expenses incurred
in filling in the lot to the level of the
street and in raising the house Attor-
ney Charles r.. Oliver appeared for Mr..
kemmer and City Solicitor Torrey for
the defendant. AT o'clock Judge
Gunster completed his charge to the
jury. and IL retired to make up its
verdict. IT had not agreed up to the
time court adjourned.
Difference Of Opinion.
Immediately after the Kemmer case
went to the jury the case of Patrick
Collins against the Olyphant school dis
trict was called for trial. Mr.. Collins
is represented by Attorney w. w. Wat
son and the school district by Attor-
neys /. II. Burns and r. V. Powderly.
Mr. Collins Is a contractor and builder
at Olyphant and was employed by the
school district to put the Smead- Wills
heating and ventilating system in one
of the Olyphant public schools.
Mr.. Collins claims $466.03, which he
says he is entitled to- but which the
officers of the school district refused to
allow him. On their part they allege
that Mr.. Collins contract with the dis
trict was $3.50, and of this he has re-
cefved all but $50. The amount Mr..
Collins claims, they allege. is for over
work and charges for laying brick work
which they dispute his right to receive
pay for. saying that he was to be paid
given price for every thousand brick
laid. Mr.. Collins claims that he should
be paid by measurement. The trial of
the case Will be resumed this morning.
The action to recover damages for
alleged trespass. in which j. $. Bach
man was plaintiff and John Spiegel de-
fendant. was on trial before Judge Nor
rison until 3 O'Clock in the afternoon.
when verdict was directed by the
Judge in favor of the defendant The
parties to the action reside at Goulds-
boro. and the plaintiff sued to recover
$50 and value of a fence torn down by
Spiegel which Bachman alleges was
on his land.
The determination of the suit rested
upon the title of the plaintiff to the land
on which the fence was located and as
he was not able to establish that to
the court verdict was directed for the