The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-01-22
Gases IN COMMON pleas
A Verdict Rendered Against an
Insurance Company.
COAL CASE on IN MAIN ROOM
Mechanics Lien Action OF Conucll \
sons Against Mary ZcidIcr-Cascs
Argued in the superior COurt-t
VIII Adjourn This Morning.

There was but one new case begun in
common pleas court yesterday and
that was the action of w. +. Connell
and others against Mary Zeidler and
others on a sci. ia. Major Everett War
rem is attorney for the plaintiff and Al
tOrney T.. G. NewcOmb represents the
defendant. The case was called about
O'Clock In the afternoon before Judge
Archibald in the arbitration room.
1t is brought to recover a sum of a lit
tie over 5000. balance due on n me-
chanic'S lien entered up against the
property of the defendant by the plain
tiff. The s;uffy little court room makes
1t dangerous to the health of Judge.
juries. lawyers and witnesses to spend
much time continuously i'm it. and there
was only small part of the plaintiffs
case heard yesterday. 1t will be re-
sumed at . O'Clock this morning
The case of Powell Doemico, of Wash
burn street, against the Iron City Mu-
tual Insurance company. of Pittsburg,
was given to the jury in me afternoon
and after being out but a short time the
verdict of $105.75 in favor of the pain
tiff was returned. This is the full
amount of the claim. The defense was
heard during the forenoon. There were
two technical defenses. The plaintiff
sued to recover 800 on his house. and
the defense i'm one way was that he was
not entitled to this amount for he had
saved his furniture and the value of
1t should be deducted from the face
value of the policy. The other defense
was that there was a provision in the
policy which forbade the insured to
have a stovepipe running through any
floor. The defendant disregardeo this
part of the contract, ii was held and
therefore the policy was null and void.
Winton suit Still on Trial.
In the main court room the big suit
between the WintOn and Pancoast Coal
companies is still opand will last two
days more. SO far there has been no
witnesses except one or two heard The
evidence has been in the shape of deeds
and conveyances. dating away back to
the days Of the revolutionary war Some
of the books of record of those early
periods are quaint.
The defendants side of the case
opened yesterday morning. Ex-Judge
Knapp spent the day offering i'm evil
dence paper title to the land now IN
dispute. There is no question at issue
with reference to the surface land.
The interest i'm the coal rs what the
courts will have to settle. The defend
ant holds that the parties who conveyed
the coal to the Wintons had no right to
more than one-Quarter of 1t.
In No. . court room the framed issue
between John w. Fowler and NJ. o.
Webster, sent up from equity court, is
still on. The plaintiffs case closed yes
terday afternoon and the defendant $
opening argument of Senator NJ. +. Nc
prove to the jury as outlined in the
opening argument of Senator NJ. 4. Nc
Donald Is that Fowler did not make any
claim to any interest in the stone quarry
until after it was found to be valuable.
In the ejectment suit of Anthony
Healey against Michael Halpin. ver-
diet for the defendant was taken by
agreement.
In the case of Harris against Wilson
rule for a new trial was granted and
will be argued at next term of argument
court.
-
court will mark the end of the term
in Scranton. The next session will he
In Williamsport where court will open
the first week i'm February.
Argument was made yesterday in the
last case on the list and there is nothing
to be done today except hear motions
and some opinions may be handed
down. An interesting suit came up
from LuZerne county. 1t deals with
the right of a father to the wages of a
minor son, who claims to have been
freed from the obligation on account OF
certain circumstances.
John X. Weisenborn, deceased, was
the son of Adam Weisenborn and lived
in West HazletOn until October, S92
At the age of II he ran away from
home without the knowledge or con-
sent of his parents and he went to Phila-
delphia where he obtained employment
on the Reading railroad. He joined the
company's Relief association, and a
ceftain sum was retained from his
wages each month as dues.
Named His Uncle as Beneficiary.
When young Weisenborn joined the
association he gave his age as 22 and
named his uncle, George Brust, his
beneficiary in case of death. On No
vcmber 23. 1893. the young man was
killed at Trenton. N. j., and his father
came forward and claimed the $500 in
surance due from the association, less