The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-01-30
VERDICT AGAINST THE CITY
Jury Finds It Liable for the Overflow
of the Pine Brook Sever.
MRS. WALSH GETS DAMAGES
Defendants Side OF the $4,000 Trespass
Suit Was Opened by Attorney W. II.
Jcssup. Jr.-TcstimOny Of Engineer
G,itman Who Kan the Train.

rendered yesterday i'm the suit brought
| by Julia Walsh against the city of
Scranton for damages to her property
by the overflow of the Pine Brook sew
er in July. 1892. There are several other
property owners having suits against
| the city for the same cause, and the
| outcome of the W alsh case. which was
the first one tried, was awaited with
good deal of interest. The plaintiff
alleged that his property was damaged
by the water to the extent of 5000.
Before Judge Mcclure in No. court
room the defendants side of the case
in the $50. 900 trespass suit of David G..
Jones against the Delaware and Hud-
son Canal company was opened yester-
day. The engineer. Mr.. Grtman. OF
! Wilkes Barre, who was in charge of
the locomotive of the train that caused
the accident, was on the stand when
court adjourned, and he was being
cross-examned by Major Everett War
ren.
| He will be recalled this morning for
further cross-eXaminatiOn. The story
| told by him shows the line of defense.
He maintains that the train was NOV
ing along slowly when me carriage
containing Hughes and Jones was
struck and that he succeeded in coming
to a full stop the length of caboose
below the cossing. The last stop he
made was a. Green Ridge before COM
| ing to the Carbon street crossing and
the engine was not using any steam
coming down after making that stop.
as it is down grade.
lie Whisticd for Brakes,
He did not see the carriage until the
| engine was on the crossing. The dome
and sand box would obstruct his view
i'm the direction of the north bound
track His fireman and the head
brakeman of the train were riding in
the cab and one OF them shouted to
him. He Immediately reversed the en-
gine and whistled for brakes. There
were no air brakes on the train and 1t
was made IN of eighteen cars besides
the caboose. After leaving Green
Ridge the train was not to stop that
night until it reached Mill Creek. The
trip from CarbOndale to Green Ridge
was made in an hour. These facts were
brought out on crOss-eXamination.
The witness has been q freight engi-
neer on the Delaware and Hudson road
since 1883: before that he was a fire
man and has been in the employ of the
company since 1876 or thereabouts. He
is perfectly familiar with all the cross
ings at grade between Wilkes Barre
and Carbondale. and in answer to a
question by Major Warren, he admit
ted that the Carbon street crossing is
the most dangerous along the entire di-
vision: that is when person Is travel
ing from the central city to the North
End. The defense has twenty more
witnesses To he heard.
su;, ov.r , u.er u;,,
T., ,b. ,,,;r oo,,,, ,.oo,,, haroro 1,,ar,
c,nster tha ass,,nns;t s,,;, 30 II Enah :
,ar q. Co Of Nv, vnr,, aao;nst n T.
Kearpev of tb,. citv is On tr;oI II
,,,os co,,ed ,vhor ,H,,rt onn,anaI In
tha ,,,orninr At,orna,,s Watsn, ona
D;ab, ,re i'm the interest of tho n,,;ntiff
and Attorneys n. p. Hoban and j. Ell
liot Ross represent the defendant.
The suit Is brought to recover $1,000.
alleged to be due as an unpaid balance
for beer, ale ana porter furnished to
the defendant. Mr. kearney contends
that they are asking him to pay for
goods that were not fit to be sold and
which he could not dispose of. He ad-
mts owing part OF the bill. hut refuses
to pay for $50 tons of Ice he is charged
up with at the rate of 81 per ton. This.
he said. the company agreed to let him
have gratis. The case Will take up to-
day and part of tomorrow.
In No before Judge Edwards the
suit of A. Ii. Mum against Sarah Grif-
fin was tried and given to the jury,
but verdic. was not rendered at ad-
journment. Attorneys 5. u. Price and
II. NJ. Hannah represented the plain