The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-04-28
CORNELIUS SMITHS Case
Court Allowed a POstpOnement Of the
Argument Until Today.
NINrON COAL CONPANY'S SUIT
1t Was Tried and Verdict Returned for
the Defendant-EffOrt is Now
Being Made TO Secure
New Trial.

Argument court began yesterday
morning. but the rule entered upon At
torney Cornelius Smith to show cause
why he shall not be disbarred did not
come up. 1t will be disposed of one
way or another today.
The argument was set down for 10
o'clock in the morning. At that hour
the court was busy hearing motions.
About 3 o'clock in the afternoon Judge
Archibald announced that the court was
ready to proceed with the Smith case.
City Solicitor Torrey, who, with At
torneys $. B. Price and T.. e. New
comb, was appointed by the court to
prosecute the rule, stepped forward and
informed Judge Archibald that Attor-
ney A. II. McCollum, of Montrose. one
of Mr.. Smiths counsel, is i'll and for
that reason they were not disposed to
take the case up until today. Mr..
Smith came into court a few minutes
later, and when he heard the case was
continued until today he got up and
left.
Two important cases We're argued.
One was rule for a new trial in the
assumpsit suit of the Winton Coal COM
pany against the Pancoast Coal com-
pany. Attorneys $. b. Price and J.
Alton Davis represented the plaintiff
| and eX-Judges w. II. Jessup and II. a.
Knapp the defendant.
CAUSE OF THE SUIT.
The Winlon Coal company brought
suit against the defendant for the value
of certain quantity of coal mined
amounting to about $4,000. and claimed
that the right and title to an undivided
| Interest representing this amount was
vested in them and not in the defend
ant. The case was tried last January
/ hts n hn o.
| fendant The arguments yesterday
were for a new trial.
Attorney |. II. Burns argued to strike
off the nonsuit in the action of trespass
brought by Mrs. John Lilly against
the city of Scranton. Mrs. Lilly was
thrown out of her carriage on June 5,
1893 opposite No. al Lackawanna ave-
nue. by the collision of the hook and
ladder companys truck with her car
! riage. She sustained permanent in
Juries. When the case came to trial
the court granted a nonsuit on the
ground that the city was not liable for
| the negligent act of a fireman or police
| man, as these are servants of the state.
Mr.. Burns argued that in this case
the use of the team was not for the
state In going to n fire or coming from
it. bu. the team was in the use of the
city. because the driver was out exer-
/ clSlHS tnenl.
ACTION IN OTHER CASES.
Other cases on the list were disposed
of as follows
| Continued-A. l.. Shoemaker against
Depue and Stoll Salvador Aruncllo
against T.. Arigonl; John Horn against
NJ. Horn: J. NJ Evererhart against G.
y. Nesbitt and j. NJ. Lewis; A. S.
Washburn against j. y. Lesh: John j.
Jennings against Lehigh Valley Rail-
road company: NJ. A. Mccarthy against
Martin Scanlon.
Submitted-C. Hasley against David
Hasley; Marie Ferante against Dugo
| Ferante.
Settlcd-Township of Lackawanna
against borough of Taylor: Julia Gilli-
gan against j. Lehocse: A..C. Nettleton
Il Co. against Thomas Rundale; L.
Robinson's Sons against T.. Roth.