The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-06-05
LUXEMBERGER CASE
NEARLY FINISHED
Judge Archibald Win Charge the Jury
This Morning.
CONDUCTOR HOFFNER's TESTIMONY
He SwOre That the Plaintiff Climbed
Upon Il High Wagon After the Acct.
dent..ClOsing Arguments Made by
Attorneys Hand for TIE Defendant
and Burns for the Plaintiff. Gavi.
gan Suit Also Ending.

Judge Archibald will charge the jury
| this morning in the Luxemberger tres
pass suit against the Scranton Traction
company, and Judge Edwards will
charge the jury in the Gavisan trespass
suit against the Atlantic Refining COM
pany.
Testimony of the defendants side in
the LuXemberger case sought to prove
that the woman's condition is due more
to an attack of la grippe which she suf-
fered In 1893, that TO the violence of the
| accident she sustained on Jan. 6, 1894,
for which she is suing to recover dam
ages. william Hoffner the baseball
player. was conductor of the car on
which she was riding and he swore that
after the car had jumped the track he
found her with the other passengers
thrown from the seats to the floor of
the car but that she got up unassisted
and walked out of the car and climbed
up on a high wagon on which she rode
the rest of the way to Taylor. A stone
on the rail was what threw the car off
the track.
DIR. w. F.. Allen was called to testify
as an expert and he said that If Mrs.
LuXemberger had severe attack of
the grip In 1893 ii might be the cause
of her present condition. She is lame
and the lower limbs are varcose. She
suffered also from subacute spinal
meningitis.
MATTER OF COMPENSATION.
Mr.. Newcomb among other questions
on cross-eXaminatiOn inquired from the
witness what compensation he gets as
an expert witnes for the Traction COM
pany but the court sustained Judge
Jessups objection and the doctor was
not required to answer the question.
DR.. Charles w. Burr, of Philadelphia,
gave expert testimony. He examined
Mrs. Luxemberger last Monday and
found her short of breath and in a de-
bilitated condition. He diagnosed her
case as enlargement of the heart and
not as the result of the street car acci-
dent.
Attorney Horace E. Hand made the
closing argument to the Jury for the de-
| fendant and Attorney !. II. Burns
closed for the plaintiff. Mr. Hand ar
gued that Mrs. Luxemberger was not
entitled to recover because her condi-
ton did not arise from the accident,
and because the company was negli-
gent. A small stone on the rail threw
the car off the track while the car was
going only at a moderate rate of speed.
THE CLOSING ARGUMENT.
Mr.. Burns argued that the testimony
showed the car to be going at high
rate of speed. Mrs. Luxemberger said
1t was going like a streak. He secuted
the idea that she was in court trump
ing up case against the company.
She would not exchange her health il
she had it for all the money the COM
pany is worth. He said that the COM
pany was bound to carry her safely and
when 1t did not is liable for damages
and must pay her for loss of health and
the loss to her family for the pain she
has suffered.
Hon. w. w. Watson closed the case
for the defendants in the suit of James
Gavigan against the Atlantic Refining
company and Hon. John p. Kelley
closed for the plaintiff.