The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-12-17
COAL LANDS THE
CAUSE OF STRIFE
Big Equity Suit On in Argument Ccu,t
Yesterday.
| MEANING OF A WORD AT ISSUE
DIR. Nnsburg Contends That the Gcn-
orally Accepted Significance Of IL
Word Should &c Preferred Before
Its Dictionary EcGritiCn..Sum-
Der OF More or less Important Cases
Argued Before the Three Judges
Yesterday.

=
heard IN argument court. one was Il
suit over the Boyer tract of coal land
in and near CGrb0ndalc: the other was
a ease which hinged on the definition
of word. The coal tract in question
was leased to the Acme Coal company.
They neglected to pay the royalties
and allowed the lease To expire, e. u
tending that the Coal was unmarked
able. Judgm mt wGS entered up
against them and the land "eHtpd IA
Boyer Now they want the Judgment
opened that they may continue the
mining of the coal under the terms of
the leasg. S Il. Price, attorney for The
lessees, argued that they ceased pay
ing royalties only when they could not
find a market for the coal. Now there
is a contract in sight, and they pro-
pose to renew operations. Mr. Patter-
son. for the lessor argued that the
plaintiffs did not make Il proocr 'ffort
to sell the coal and StroVe merely to
hold the land. the lease stipulating that
the | ssesS shall possess the land after
all the marketable coal Is mined.
The definition of the adjective "pul-
monary," as applied to disease was the
point on which turned the case of John
Kelly administrator. against the
Metiopolitan Life Insurance company.
The plaintiffs wife was insured with
the defendant company. and on her
death only half the amount of the pol-
icy was rendered, the company alieg-
ing that this was all that was forth
coming as she died of pneumonia with
in year after the policy was issued
and the policy stipulateS that If the
insured dies within year of pulmon-
ary disease only half the amount can
be recovered At the trial of the case
Judge Gunster decided that pm umpnia
was n pulmonary disease and took the
case from the jury.
MEANING or THE WORD.
on the argument for new
trial yesterday. Attorney y. y.
NuSburg contrnded that the mean
ing of the word was a matter of fact
and should have gone to the jury. He
held that while pneumonia is a dis
ease of the lungs II is not a "Dulmon-
ary" disease. properly speaking. as Il
pulmonary disease is = chronic dis
ease of the lungs Tn" general accep-
tation of the word he said. should ne
taken in preference to its etymolpEicai
meaning. He cited the word manu-
facture," derived from "manus,"
hand. and "facio," II make, which
would give to the word the meaning of
making by hand. which is just what
it does not mean.
Major Warren ridiculcd the idea of
irving to give to Il word meaning
that it does not possess and said ii was
absurd to hold that pneumonia is
lung disease but not pulmonary dls-
ease.
The case of the Pittston Pressed Brick
company against John a. buckWorth'
dcmurred was argued, with O'Brien Il
Kelly for the plaintiff and 5. b. Price
for the defendant. The suit was over
$500 worth of stock which the defendant
subscribed for but failed to pay for.
The demurrer was sustained, with leave
to file amendments.
The cases of Emit Bonn against Hen
ry Bonn jr.: ~ r. Levy Il Bros. against
II. Bonn e. Son; Edward Griffin against
Bernard Davis We're also argued, yes
terday.
BY agreement continuance was
granted in the case of J. w. Guernsey
against John Kennedy, rule to open
judgment
RULE TO OPEN JUDGMENT.
In the case of +. Robinson's Sons
against Lydia Friedel, the rule to open
judgment was discharged Judgment
was reversed in the certiOrari proceed
ings in the case of the Commonwealth
AGAINST C. p. Stack and the case of a.
w. Jurisch against \. w. Peters.
Judgment was affirmed in the case of
the Teeter Stone company against T..
Gillett.
In the case of c. Kaleta against John
Palcncha judgment was reversed as to
the garnishee, Samuel Uulse. The at
tachment and all proceedings theTeun-
der We're reversed in the case of Bcr-
nard McGile against James Gangan.
Judgment was reversed in the case Of
p. j. Lally against +. l.. Peck and
Il ,,tJ, l..