The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-06-04
VERY warm day IN court
Nevertheless a Good Deal Of Busi-
ness Was Transacted.
CARBONDALE TRACTION CASES
Three Of Them Put on Trial Before Judge
Mcpherson In Court Room No. 2.
Abrupt Ending of the Depuy.
brady Case.

Although the intense heat OF yester-
day made the atmosphere in the court
rooms far from comfortable good deal
of business was transacted. Judges,
attorneys. Jurors and court attend
ants perspired in unison. and in vain
invoked the aid of fans. and substitutes
therefor, to keep them cool.
After court opened In the morning the
list of cases was called, and some dis
AS ONeill against city of Carbondale.
trespass; II. II. Walker a. Son against
w. II. Whithers Paper company, as
sumpt Michael Flynn, ct al. against
George Il. Hill, trespass. Settled, Pat
rick j. Conway against Scranton Su-
burban Railway company. trespass;
Sarah j. Powell and others against
Lackawanna Coal Company. Limited,
trespass; Philadelphia Pickling com
pany against G. II. Jacobus, appeal.
When the trespass case of George A.
Campbell against Ellsworth Myers
was called the plaintiff did not appear
and nonsuit was taken under the
act of 1872.
Before Judge Edwards, who will pre-
side in the main court room during the
week. the trespass case of Thomas
Davidson against Thomas Sanders and
James jenkins was called for trial.
All of the parties to the suit live at
Parker street, In the North End of the
city. The plaintiff Is represented by
Attorneys G. II. Soper and Joseph
O'Brien, and the defendant by Attor-
neys Hulslander and Vosburg.
Cause OF the Action.
Mr.. Davidson alleges that in 1885
he bought lot fronting on Parker
street and erected a house on It. The
lot Is on sloping hillside, and some
time later the defendants purchased
lot directly above him and erected
on 1t double house. He charges that
they so arranged the surface water
that 1t was thrown on his lot, cutting
deep gullies. uprooting trees, destroy
ing his grape arbors and filling his cell
lar with water. For all of which he
wanted the jury to grant him proper
redress.
After the plaintiff rested the attor-
neys for the defendants asked for a nol-
u
of surface water from higher to lower
ground does not give cause for action,
and that no action can be maintained
for changing or obstructing the flow of
mere surface water by erections on ad-
joining lands or by grading or filling to
higher grade, such consequences be-
Ing the necessary result of the lawful
occupation and use of the land The
motion for nonsuit was refused, and
after the case for the defense had been
opened to the jury by Mr.. Vosburg, Mr..
Sanders, one of the defendants, was
sworn. He denied that they had turned
the water on Mr.. Davidson's land.
They had leveed Oft their property,
which had tendency, If anything, to
keep water from flowing on Mr.. David
sons land. After Mr.. Sanders left the
stand court adjourned for the day.
Before Judge Mcphcrson.
Judge Mcpherson, of the Dauphin-
Lebanon district, arrived in the city
about noon and In the afternoon went
on the bench in court room No. 2, and
three trespass cases against the Car
bondale Traction company were called
Henry Collins. w. L. Hunter and Mary
f.. Purdy, owners of properties on
Brooklyn street, Carbondale. which
they allege were damaged and their
value deprecated in consequence of the
construction of the electric road of the
defendant company on the street in
front of their premises.
The grade Of the street was changed,
which made 1t necessary to raise the
houses and fill in the lots. The fact
that the road Is laid close to the side
walk Is claimed to be another element
of damage. The suit of Henry Collins
against the Traction company was
tried on Oct !, 1894, before Judge Searle,
of Susquehanna county, specially pre-
siding, and a verdict of $500 returned in
favor of the plaintiff. This verdict was
set aside and a new trial granted by
Judge Searle on Oct. 20, 1894. When the
case was called yesterday 1t was decld
ed to try the Purdy and Hunter suits
in conjunction with 1t, as the facts In
all are the same.
Jury Went to CarbOndale
1t was decided to hear the testimony
in the Collins case first, and after lis
tening to the story of the plaintiff and
that of Contractor John Nolan, who de-
clared that Collins property had been
damaged to the extent Of 1000 by the
construction of the electric road, the
Jury, at $3.50, started for Carbondale to
view the properties that are alleged to
have been damaged. The attorneys In
the case are S. b. Price and j. Il.
Burr for the company, and /. II. Burns
and ]. +. Reynolds for the defense.
Down in court room No. 2, before
Judge Archibald the case of Harry A.
Depuy against ]. A. Brady came to an
abrupt termination during the after
noon. Mr.. Depuy was represented by
Attorney T.. c. Newcomb and Major
Everett Warren and ex-senator NJ. r..
Mcdonald appeared for the defendant.