The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-05-30
AGAIN He IS N0NSU|TED
Outcome Of the Action Of Charles
Pitcher Against Peoples Company.
VERDICT FOR MRS. MARY SCOTT
Allowed SS8O7S for the Injuries She
Sustained by Falling on nm Icy Pave.
mcnt-ActiOn Of c. l.. Rico to
Recover Damages.

Once more the trespass suit of Pitch
er against the Peoples Street Railroad
company of Luzerne county, has been
nonsuited. Judge Schuyler made
known his ruling yesterday morning
when the trial was resumed, and thus
summarily disposed of the action.
Mrs Mary Scott won her case against
the city. The jury, late In the after
noon, brought in a Verdict In her favor
of $S6O.75. on Jan. Z. 1891. she slipped
on the icy sidewalk at Wyoming ave-
nue. and Spruce street. and sustained a
broken leg and other injuries. The suit
was brought for $4,000, but the verdict
is regarded by G. II. Soper, her at
torney, as quite satisfactory.
The jury in the case of Mrs. Cathe-
rine Winton against Ambrose Mulley
and James Gillespie, executors of the
estate of Nathaniel Fitch, rendered a
verdict for the plaintiff, The question
at issue was the payment of Il note for
S926.35. drawn on oct. %, 1869, by Fitch
in favor of w. w. Winton. The inter-
est to date Is 81 ,422.12, and that with
the face Of the note makes the amount
S2,3i9.O7. which Is the sum that has
been awarded by the jury In It's ver-
dict.
Mr.. Ricc's Action for Damages.
After Judge Gunster charged the
jury in the Scott case against the city.
the suit brought before him for trial
was Il weighty trcspass one. c. l..
Rice, In the insurance business In this
city. is suing the Fidelity and Casualty
Insurance company, of New York, for
damages. Attorneys u. N. willard
and Major Everett Warren represent
the company, and the plaintiffs inter-
ests are In the care of City Solicitor
Torrey and w. w. Lathrops.
Rice made an agreement with the
defendant company that he would be-
come their agent in Scranton, but later
misunderstanding arose, and, with
out his knowledge. the company re-
moved him, and by virtue of such ac-
tion he alleges that he has been dam
aged in business to the amount of
$4,000.
An ejectment suit in the forenoon
was on trial before Judge Schuyler.
John Caffrey and others are plaintiffs,
and Margaret Healey Is the defendant.
Andrew Caffrey, father of the plain
tiifs, in 1871, borrowed $4OO from the
Eureka Building and Loan association
of the West Side. He gave his per-
sonal note for the loan, and it was en-
dorsed by the late =. Mccain. Caffrey
died, and Mr.. Mccain was appointed
administrator. With the $4OO borrowed
lot was purchased at the corner of
Fillmore avenue and Price street.
An Amicablc Execution.
The children of Caffrey were under
age when the lot was sold at sheriff
sale to wipe out the debt. 1t was pur-
chased by c. f. Bradbury, by him sold
to Dr.. b. II. Throop, who sold 1t to Mrs.
Healey. The plaintiff claimed that the
sheriffs sale had been illegal because
1t was made on execution issued by p.
McCann administrator, against p Nc
Cam, the endorser. That it should
have been against some representative
of the minor children.
The defendants attorney submitted
no evidence, but asked the court to give
binding instructions to the jury for the
reason that the supreme court has
ruled that 1t Is not necessary to give
notice to personal representatives of
minor children. Judge Schuyler in
structed the jury to find a verdict for
the defendant.
The suit of Bridget f. Kilgannon
against Joseph Pedrow and others was
on trial at adjournment in No. 2 before
the same judge. Ex-Judge Jessup and
w. Fl. Jessup, jr., represent the plaintiff
and Attorneys j. f.. Burr and ]. Alton
Davis the defendants.
Ovcrsccrs Of Poor Collected the Rent.
Patrick Kearney, of Mayfeld went
west some years ago. He sent for his
wife, but she would not go. He sold
his property to her and ordered the Erie
company to make her a deed. The deed
was made to the plaintiff. Mrs. Kear-
ney meanwhile sought relief from the
poor directors. AS it was thought she
had real estate the overseers of the
poor seized the property and collected
the rents for her support. The defend
ants are the overseers Of the poor.
In the main court room the day was
occupied with the trial of the suit Of
c. c. Steere against d. X. Oakley. At
torneys A. A. Vosburg, c. w. Dawson
and j. NJ. c. Ranck represented the
plaintiff and Attorney II. NJ. Hannah
the defendant. In April, 1872, Steere
borrowed $945.27 from a friend named
Ira McNichols, who assigned it in Janu-
ary. 1898, to Oakley, the defendant.
Steere claims that he paid off the mort
gage and interest from time to time in
instalments, and after he had squared
the account up, found that he had paid
5000 too much. Oakley figured the in
terest and Steere alleges that he figured
1t too well. That Is what the jury will
be asked to decide.
Before adjourning court yesterday af-
ternoon Judge Archibald announced
that the business of the courts would
be suspended tomorrow, today being
Memorial Day. The court house offices
will also be closed during the day.