The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-04-08
O'MALLEY WAS NON-SUI1ED
Plaintiff Mas Guilty Of COntributory
Negligence.
A VERDICT FOR ENOS FLYNN
Jury Awards Him S2S Against Mrs. Annie
barrett for siander-Suit Of Attorney
Hawiey-for Professional Services.
Dr. william usgscrty Sued.

After the evidence Of the plaintiff
closed yesterday morning in the $780,
Oo0 trespass suit of Thomas ]. O'Malley
against the Scranton Traction COM
pany for injuries received on June q,
1884, by being run down on North WASH
ington avenue by a street car, an appli-
cation for a nonsuit was made by At
torney Horace +. Hand, representing
the defendant, on the ground that the
plaintiff was guilty Of contributory neg
ligence. Judge Archibald granted the
nonsuit. and In doing so expressed SYM
pathy for Mr.. O'Malley for the severe
injuries he met with: but the Judge
added that under the law and the evi-
dence the plaintiff was not entitled to
recover.
In the slander suit brought by Mer-
chant Enos Flynn, Of Providence.
against Mrs. Annie Barrett, verdict
for the plaintiff in the sum of $25 was
returned by the jury yesterday morn
ing. The amount of damages asked
was $1,000. but Mr.. Flynn would have
been satisfied with 81; he simply want
ed to convict the defendant Of utter
Ing false stories about him in public
to the detriment of his business.
SUING FOR HIS FEES.
In the main court room before Judge
Edwards the first cass tried was that
OF Attorney Charles L. Hawley against
John ]. Howley, the Penn avenue hard
ware merchant. Attorney s. B. Price
| represented the plaintiff and Hon.
Lemuel Amerman and Attorney NJ. j.
Martin appeared for the defendant.
The cause of the suit was Mr.. Hawley's
claim for $3.50 for professional services
for. the plaintiff at the time of the dis
nDlpp 40 p,,k, ne 10
Howley Brothers. The defendant swore
that all the plaintiff did was to prepare
two deeds, draw up two contracts, and
adjust the business of the dissolution Of
the firm. Mr.. Hawley received 800 for
his services and the defendant thought
that this was compensation enough.
The $3.50 sued for Is in excess of the
payment already made. a verdict for
the plaintiff in the sum Of 5000 was
rendered by the jury.
The next case before Judge Edwards
| was that of the Green Ridge Lumber
| company against Patrick Ruane and
Ann Ruane, his wife. Attorney ]. w.
Carpenter represented the plaintiff and
Attorneys Joseph O'Brien and NJ. +:
Mcdonald appeared for the defendant.
The plaintiff built a house for the
Ruanes two years ago for 1854. 1t was
I'LL oTulIlStIy lTdiilc pulluiDS lWo SlOiltS
| high, 20 by 2S feet, and not plastered,
| but painted with one coat. The defend
| ants refused to pay more than $500 on
the ground that the house was not built
according to agreement The plain
tiff's claim with interest now amounts
| to about s625. The jury retired to de-
| liberate at adjournment
DIR. HAGGERTY SUED.
In No. court room the case Of the
| Providence Milling company against
| DR.. William Haggerty was tried and
| went to the jury at adjournment. At
| torney +. G. Newcomb represented the
doctor and Attorney c. w. Dawson APP
peared for the plaintiff. In June, 1893,
the spring meeting of the Lackawanna
County Agricultural society took place
at the Driving park and one of the at
fractions was the Myrtle Peek combin-
alton. DIR. Haggerty was q stockholder
| of the society and one of the provisions
| in the contract with the Peek COM
bination was that the society should
provide board and stabling for their
| horses and live stock. DR.. Haggerty in
the name Of the society went to the
Providence Milling company and Or
dered from Charles Maynard $66.22
worth of feed, oats, straw, etc. Mr..
Maynard Is now trying to collect the
money. The agricultural society be-
came insolvent and did not pay the
bill and Mr. Maynard wants to make
DR.. Haggerty foot the bill for the rea-
son that he ordered the goods for the
society and not for himself.