The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-04-02
COMMON Pleas court
Cases That Were Heard Yesterday
Before the Judges.
ACTION AGAINST THE CITY
Brought by Mrs. Fannie Aswcll Against
the City on Trial Before Judge Meyer.
Trcspass Suit Growing Out of
Alleged Illegal Mining of Coal.

The second week of common pleas
court began yesterday morning, Judge
Gunster presiding in the main court
room, Judge Edwards in No. 2, and
Judge Charles A. Mayer, Of Lock
Haven, Clinton county, in No. 3.
The suit of William Brannon against
the Metropolitan Life Insurance COM
pany was opened In the main court
room and jury sworn. which was d.
rected to return verdict for the de-
fendant. The case of w. B. Christmas
against Michael Reap was called next
and verdict Of SAFE returned for the
plaintiff. The appeal suit Of Peter
.Mulligan against Contractor Max Phil
lips was also one that did not take up
much time. The defendant offered nc
evidence and verdict of S29.23 was
rendered by the jury in favor of the
plaintiff.
In No. 3 court room the suit of Mrs.
Fannie Aswell against the city of
Scranton. was called before Judge
Mayer. City Solicitor Torrey appeared
for the plaintiff, who lives on Tenth
on the West Side.
Claim or Damages Made.
On March II, 1891, an ordinance pro-
viding for the grading of Tenth street
was approved by the municipal authori-
ties, and in consequence of the grading
Mrs. Aswell alleges that her property
has been damaged to the extent of
$1,000. An equal number of witnesses
on each side testified in regard to the
merits of the case. Those for the plain
tiff swore that the property was dam
aged to the full limit of the amount
claimed in the suit. The half dozen or
more witnesses on behalf of the city on
the contrary swore that the property
had been enhanced in value. The testi-
mony on both sides was all heard at
adjournment, and by consent Of the
counsel and court the jury will go over
to Hyde Park at 8 o'clock this MORN
ing and by personal observation deter
mine the damages.
Before Judge Edwards the trespass
suit of Charles p. Hallock against
Stroud & Chamberlain was still in
progress when court adjourned. At
torneys Ward & Horn are in the inter-
est of the plaintiff and Attorneys Pat
terson & Wilcox for the defendants.
I1dlIOCk owl us IL lTdCt VI idHl III SdIDoH-
dale and he alleges that Stroud &
Chamberlain, who are coal operators,
worked the veins of coal so close to his
land that a large cave-in occurred and
damaged his property at least $1,000.
Testimony of practical mine workers
and a mining engineer was brought
forward by the plaintiff, whose side Of
the case had not been finished at ad-
journment.
An Ejectment Suit.
The ejectment suit of Margaret Gay
nor and others against S. S. Spruks and
Louisa Spruks has been settled, and the
following are continued: Lazarus
Moyer VS.. H. r. Richardson, assumpsit;
William H. MaXey VS.. Hillside Coal and
Iron company, ejectment; James M.
Everhart VS.. George F. Nesbitt and G..
Mortimer Lewis, ejectment; Edwin
Ferris & Co.. VS.. A. J. Merrill, sci. ia. I;
A. e. Burr VS.. c. b. FAIRIES. appeal;
Thomas Morrison VS.. Carbondale Trac-
tion company and the city of Carbon
dale, trespass; Joseph Chiffon VS.. city
of Carbondale, trespass; Rebecca Flynn
VS.. George f. Hill, trespass.