The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-04-11
LOTUS VERDICT REDUCED
Judge GunSter Lovers It from
$2,4S6. 90 to 1880.
THIS IS IN LIEU OF NEW TRIAL
Plaintiffs A.Year Old Son. Willie. Was
Killed by . Street Car on Capouse
Avenue March 5. 1894 New Trial
Asked in Evcrhart Case.

Judge Gunster handed down an opln-
ion yesterday afternoon In the suit OF
Patrick LOTUS, of Capouse avenue,
against the Scranton Traction COM
pany reducing the verdict found by the
jury from S2.4S660 to $500. II the
plaintiff is not satisfied with this
amount a new trial will be granted by
the court on the ground that the
amount of judgment is excessive and
not sustained by the fair weight of the
evidence.
On March 5. 1894. Willie. aged 3
years, II months, and IL days, son OF
the plaintiff. was killed by a Green
Ridge Peoples street car on Capouse
avenue near New street. The company
was sued for damages and on Feb. l.
1896, a verdict for $2.4S6.60 was returned
for the death of the boy. Attorneys
Ward & Horn represented the plaintiff
and Attorney Horace Z. Hand appeared
for the defendant. The latter asked for
a new trial and argument was made
before Judge Gunster. The judge In
his order of yesterday states that the
evidence Of the plaintiff showed that II
was a case for the jury. But he thinks
the sum of damages was too high and
agreed to let the verdict stand II the
plaintiff agrees to throw off $9S6.6O,
otherwise new trial will be granted.
Attorney George 5. Horn was seen by
Tribune reporter and he was not pre-
pared to say whether his client will
agree to abide by the decision of the
court. Mr.. Horn will have a cOnsulta-
tion with Mr.. LOTUS today and they
will talk the matter over.
ADJUDGED A LUNATIC.
An inquisition In lunacy took place
before Judge Gunster in the main court
room. Six jurors from the list attend
ing court were sworn to hear the case
of William Henry Peckens. The Jurors
were J. ]. McAndrew, william G. Gil
lespie. Christian Pfeiffer. John Rafter
Marshall Keller, and Dominick Nc
Gowan. Attorney c. r. Pitcher ap-
peared in the interest of the relatives
of Peckens, who Is ut present an in
mate Of the Hillside asylum. The tes-
timony was brief and the jury found
that the defendant has been lunatic
for year past.
The suit of Daniel Williams against
the Scranton Stove works was called
for trial In No. before Judge Archibald.
Attorney John F. Scragg represents the
plaintiff and Major Everett Warren and
G. II. Welles are attorneys for the de-
fendant 1t Is II suit for $195 balance
on the contract price of building an
addition to the stove works. The case
was just opened and will be proceeded
with today.
In court room No. / the appeal suit
for small balance which Jockey Frank
Hannis alleges Is due him from Dr.
William Haggerty on horse deal was
called. Attorney Richard Busteed rep
resented the plaintiff and Attorney T..
c. Newcomb the defendant On ac-
count Of an irregularity in the plain
tiff's case Judge Edwards on motion of
Mr.. Newcomb withdrew juror and
continued the case until next term.
WANT A NEW TRIAL.
Major Everett Warren, representing
the defendants In the ejectment suit OF
James NJ. Everhart against George F..
Nesbitt and q. Mortimer Lewis, was
granted rule for new trial return
able at next argument court. A ver-
dict for the plaintiff was rendered
Thursday by the jury. This Is the case
where thirty-six acres Of coal land In
Ransom township were in dispute.
The trespass suit of Peter Kelley,
administrator of the estate of James
Kelley, against Anthony O'Horo for
damages by reason of the overflow of
water on the plaintiffs property went
to the jury at O'clock The most of
the day was taken up with the argu-
| ments Of attorneys on both sides and
the charge of the court.