The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-03-25
ONLY five more Cases
That Is All That Arc Open for Trial
on This Weeks List.
An ACTION AGAINST THE CITY
Widow Of Late John Lilly Is Plaintiff.
She Asks for $4,000 Damages.
Twelve Suits Against Anthracite
Publishing Company Settled.

So many cases have been amicably
adjusted and others continued until
next term that there are only five open
for trial during the remainder of the
week. Judge Gunster is ON the bench
in the main court room and Judge Ed
wards is in No. .. Three cases were
called yesterday and hut one got t.
the jury. That was the ease of -. l..
Potter against II. &. Kenyon. The suit
of Mrs. Florence Lilly against the city
OF Scranton was nonSrited. and the
suit of Edwards & Barthold against
Mrs. Margaret Pritchard was inter
rupted by withdrawing Il juror.
Mrs. Lilly's suit against the city was
called before Judge Edwards. Attor-
neys |. II. Burns and John II. Edwards
represented the plaintiff. and city So
licitor j. II. Torrey, the defendant. The
action was for 100000. Mrs. Lilly is the
widow of the late John Lilly. of West
Lackawanna avenue. In June. 1895.
herself and daughter. Margaret. We're
driving down LackaWanna avenue
about 3 o'clock in the evening and they
stopped i'm front of Cleveland's market
to make some purchases. Their car
riage. was close to the Curbing. and
while it was stopped the Hook and
Ladder wagon driven by Robert Arm
strong, ran into the carriage, throwing
Mrs. Lilly out and permanently injur-
ing her. The carriage was broken.
OUT FOR ENERCISE
The Hook and Ladder wagon was not
on the way to Il fire nor was it coming
from a fire. The team was not in
charge of an cmploye of the city and
the horses were simply out being exer-
ciSed. Thomas Conlon was the man
whose duty it would be to drive the
team. Mrs. Lilly was sworn and her
daughter. Margaret, also testified to
the collision. DIR. j. l.. W-ntZ gave
evidence regarding the permanent in
jnries sustained by Mrs. Lilly. and a
John Arnold who helped to care for
Mrs. Lilly. after she was thrown out,
also testified. Chief Engineer Ferb.i
testified that the wagon was not in
charge of the regular man and that it
was not responding to an alarm nor
returning from one.
This closed the testimony of the plain-
tif and Mr.. Torrey moved for a COM
pulsory non-suit on the ground that no
negligence was shown on the part of
the city and that the city was not re-
sponsible for the negligence of fremen.
Judge Edwards took that view and
granted a. compulsory non-sut. Later
on motion of the plaintiffs attorneys
u rule was granted to show cause why
the non-suit should not be taken off.
returnablc To argument court
The case of Edwards & Rarthol,l
against Mrs. Margaret Pritchard came
NJ before Judge Edwards. Attorneys
Hulslandor ~ NoShurg and H. l.. AL
worth represented the plaintiff. and At
torney David W. Brown the dependant.
Mrs. Pritchard ia 1859 gave Il note to
the plaintiffs for 5000 in consderatin
OF Il bill of goods. The plaintiitS simply
o1ercd the note in evidence and rest -
eel their case. When the defense opened
Attorney Brown asked them To pro-
uuce the books of original entry ana
they did not have them in court. ,JJlp,
Edwards scored the plaintiffs for fail
ing to bring the books in. Their law
yers notified them to get the books
hut they neglected. The court with
drew IL juror and continued the case
until next term.
The Potter-k enyon case was ON he
Tor" Judge GunSler from morning un-
I'll o'clock in the afternoon, when il
Went to the jury. Attorneys Joseph
- I'rien and w. w. Baylor represented
the plaintif and Attorney w. w. Wat
son was the representative of the de
fendant ON Sept. I. 1894. u. G. KENYON
gave judgment note for $50 TO d. l..
Potter and the consideration of the
note was that the latter should pay q
Judgment standing against Kenyon in
the oitice of Alderman s. s. Jones, of
tarbOndale
Some years before that man named
Tinkham transferred t. Kenyon a tract
of timber land in Peckville and Potter
claims that when he gave the note
Kenyon agreed to share half of the
profits of the tract and that such money
would apply on the satisfying of the
note. He got no money out of the land
and wants to set IN a half interest in
it now by rcvivimg what he claims the
agreement was between them. Ken
yon claims he paid the judgment in Al
derman Jones office and that he owes
Potter nothing.
TWELVE CASES SETTLED.
Twelve suits against the Anthracite
furnishing company, of CarbOnduIe.
were discontinued and the plaintiffs
got judgment by agreement as follows
Joseph q. CahOun. $22.G0: Albert Gse.
$93. ~; George i. Kelley. $G6.6g: Will
liam Heddcn. $1,.42: katherine Gillen.
$2S.j"; Peter -. Carr S5S.6S: NJ. H.. Fla -
he1y. S9i.yS; T.. J. Hartman. Sol 81
Stephen \. Cahoon. sol 50: George \.
Spail Sl0I.32: -. w. Layman, $500: :
Amcal Paul. $l5.Ij.
The ease Of Evan NJ Francis against
James T.. Francis and Elizabeth Bcale
was continued: so were the cases Of
NJ j. Gilbridc against the Scranton
Traction company: Joseph Fellows
against T.. T.. l.HomiS: Patrick KilCur
against the Edgerton Coal company: