The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-07-16

mcnt OF the Court Of This County.
Other Cases That We're Passed
Upon.
At Philadelphia yesterday u number
of important opinions We're handed
down by the Supreme court. four Lack
awanna county eases being among those
disposed of. one of the most import
ant cases was that of Mrs. Margaret
Hughes against thc'Delaware and Hud
son Canal company. The case was
tried before Judge Simonton. of Harris
burg. specially presiding. and a verdict
of $9,+9s50 returned subject to the fol-
lowing reserved point
Whether unon the whole evidence
William j. Hughes was guilty Of contrib
utory negligence and the plaintiff is
not on that ground entitled to recover,
with leave to the court, if it shall be
determined upon this ground the jury
was not justified in finding in favor OF
the plaintiff. to enter judgment in favor
of the defendant notwithstanding the
verdict"
Hughes had not been guilty Of contrib
ut0ry negligence and overruled a mo-
ton for Judgment in favor of the de-
fendant Notwithstanding the verdict
and also refused motion for new
trial. The supreme yesterday reversed
Judge Simonton and directed Judgment
to be entered in favor Of the defendant
on the reserved point. This prevents
Mrs, Hughes from recovering damages.
Her husband was fatally injured on
September s. 1890, while driving toward
Providence over the Carbon street
crossing. The view Of the crossing was
ubstructed by freight train, the gates
We're ~. there was no watchman and
Hughes was run down and so badly
injured that he died in the Lackawanna
hospital a few days later. David Y.
Jones. who was riding with him. was
badly injured and recovered damages
amounting to $9S15. His action also
falls with the decision of the supreme
court. Mrs. Hughes was represented
on the trial by Major Everett Warren
and the company by Jessups 4 Hand.
NO NEW TRIAL FOR POTTER.
The judgment of the court below was
affirmed in the case Of George w. Pot
ter Of DunmOre. against the Scranton
Traction company. A verdict of 800
was rendered in favor Of the plaintiff,
which was virtually victory for the
defendant. The supreme court was
appealed to, but considers that the
verdict was proper one and refuses
To- set II aside.
on March 30. 1893, Mr.. Potter, who
was in the meat business, was driving
down Drinker street with Il team of
horses and butcher wagon. ON
Blakely street. 20 feet from the intersec-
tiun of Drinker street. Il force Of line
men were working repairing the wires.
They had an apparatus consisting of
ladders which slantcd toward each
other at the top and We're joined by
u platform on which the men stood
while at work on the wires.
The ladders We're placed in the car
tracks in the middle of the street. Mr..
Potter drove down Blakely street to-
ward where the men We're working and
ders. They ran away throwing him out
and intlicting very serious injuries. One
of his hips was broken and a jawbOne
was fractured.
TRIED BEFORE JUDGE LYNCH.
He sued the company for $4,000
damages. The case came up before
Judge John Lynch. of Wilkes Barre,
who especially presided here. Attor-
neys Ward & Horn and |. II. Burns APP
peared for the plaintiff and Major Ev-
erett Warren ard Jessups Il Hand for
the defendant 1t lasted ten days and
u verdict of 100 was given in favor of
Potter
and Mary T.. Handley against Mary
Barrett and John j. Gordon. d new trial
is refused. The plaintif's purchased
a lot of ground from the l.ackawanna
Iron and Coal company by deed dated
Sept. Il. 1891. The defendants claimed
title to the land under adverse POSSESS
ion Of IL for more than u years. The
jury found verdict in favor of the
defendants.
NJ. A. Mccarthy against the estate of
Martin S;canlon. late of the West Side
Last October the supreme court hand
ed down an opinion granting new
trial in the suit Of Isaac r. Feltz against
the Delaware, Lackawanna and West
ern railroad company. Caroline and AL
bert Hoysradt. administrators of the
estate of Jacob Hoysradt. Mr. Feltz
brought an action to recover the value
of one-half individual interest in a
plot OF coal land in Fcltzville, I.acka-
wanna township.
The case was begun about five years
ago. and at one stage of it Mr.. FeltZ ap-
piled for change of venue To the
courts of Pike county. Judge Smith,
now on the superior court bench. re-
fused to allow the case to go to Pike
county. and ordered it on the trial list
for trial. The reason for the applica-
tion the plaintiff alleged was because
the Delaware. Lackawanna and Vest
ern owns so much wealth and employs
so many men that he could not get
fair trial in this county. ON the day it
was set down for trial the plaintin re-
fused to go on with the case. and on
motion of the defendants counsel
jury was drawn and a verdict for the
defendant was taken.
The supreme court reversed the lower
court for allowing this to be done The
proper way would be to move for
nonsuit.