The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-02-01
Child Was CUT IN twain
Action Of Patrick LOTUS Against
Traction Company on Trial.
WANTS TO RECOVER DAMAGES
Case Of Jones Against the Delaware and
Hudson Canal Company will Bc
Finished Today-NO Verdict in
kochlcr Case ut Adjournment.

Today will be the last of the January
term of common pleas court. One hun
dred and five cases were marked down
for trial and of these twenty-nine were
tried. thirteen the first week, eight the
second, and eight this week. Verdicts
We're rendered for the plaintiff in tf-
teen cases and for the defendant in
eleven cases. There were three cases
unfinished yesterday. i'm which verdicts
have yet to be recorded. Eleven cases
were settled and stricken off the list;
two were discontinued. eight nOnsuited.
and fifty-seven were continued for one
reason or another.
The trespass suit of Patrick Lotus,
of Capousc avenue. against the Scran-
ton Traction company was put on trial
in the main court room before Judge
Gunster. Ward & Horn represent the
plaintiff and Attorney Horace T.. Hand.
the defendant. The suit Is brought to
recover damages for the loss Of SER
vices of the plaintiffs 4-year-old son.
Willie. who was killed by a street car
on the Green Ridge Peoples line in
April. 1894. The boy was almost cut in
two.
The witnesses of the plaintiff so far
testified as to the speed of the car and
the other circumstances surrounding
the accident. 1T was the uniform opin-
ion of them that the car was going
from twelve to sixteen miles an hour.
-Four or five witnesses We're called to
give expert testimony about what it
would cost to keep a boy at certain
ages and from the time of his birth
during the period of minority. The
amount of damages claimed Is $4,000.
The plaintiffs side was not concluded
at adjournment. 1t is possible that
the case will extend over to next week.
Jones Trcspass Suit.
In No. court room before Judge
Mcclure the trespass suit of David G.
Jones against the Delaware and Hud-
son Canal company was still the object
of interest. The evidence was finished
early in the afternoon and then the
attorneys began arguing law points to
the court. Judge Jesssup had not fin
ished a; adjournment and will resume
this morning. The case will not go to
the jury before late in the evening.
Judge Mcclure wants to finish 1t today
and will hold court until 1t goes to the
jury. MPIitet IoOIiley says He utSlTeS
to correct the impression given by his
testimony Thursday tina. he was on
Love road when he heard the engineer
whistle. He says that he was on Car
bon street about 800 yards from the
crossing and had an unobstructed view
of the train.
In arguing the law points Judge Jes-
sup for the defendant laid special stress
on the evidence which bore on the ques-
tiOn OF whether or not there was q coal
train on the northbound track above
the Carbon street crossing when the
freight train, which caused the acci-
dent, came along. Jones. the plaintiff,
swOre there was a train of cars OBJ
structing his view of the northbound
track: and several witnesses for the
defendant testified there was no train
there as alleged.
kOchlcr Case Went to the Jury.
The assumpsit suit of II. Koehler &
company, of New York. against b. +.
Kearney. of Scranton, went to the jury
before noon. but verdict had not been
rendered up to adjournment.