The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-04-08

Yesterday morning in common pleas
court when the plaintif1's rested in the
suit of John Moran against the Scran-
ton Traction company Major Warren
and Horace-E. Hand, attorneys for the
defense, moved for a compulsory nom
suit on the grounds that no negli-
gence on the part of the company had
been shown and contributory negli-
gence on the part of Mrs Moran had
been clearly established. Messrs.
Burns and Donahoe. attorneys for the
plaintiff, vigorously opposed the mo-
tion, but Judge Gunster affirmed the
contention of the defendants, and
granted a non-suit with rule to show
cause why it should not be stricken
off, returnable at argument court.
Tho jury in the case of A. j. Nc
Hugh against the estate of Richard
McHugh,. deceased, to recover on an
$500 Judgment given in 1867 returned
verdict yesterday morning in favor of
the plaintiff for the full amount of the
claim with interest, amounting all told
to $1,74202.
In the case of the Computing Scale
company against James Bird a ver-
dict for the plaintiff in the sum of $641S
was rendered. In the case of Charles
r. Atherton against Stephen Atherton
a verdict of $3.50 was found for the
plaintiff. A verdict of S21.F was award
ed the plaintiT in the case of Stephen
Whitmore ag INST V. Mannion and
others. W.
THE ESCHELMAN CASE.
AT adjournment the case of c. A.
IT H. A N
on trial before Judge Gunster. John
F.. Scragg and Il. f. Killam appear
for the r intiff, and Major Warren
and Hon. { p. O'Malley for the defend
ant. Eschelman was run down by one
of Warman's laundry wagons Decem-
Der 27, 1894, as he was walking along
Dickson avenue near it's intersection
with the Delaware and Hudson tracks
He alleges that he has been permanent
ly injured and by reason of the injury
had to give up his business of driving
a bakery wagon and seek some easier
and less remunerative occupation.
The feature of the trial was Major
Warren's cross examination of Drs.
Arndt and Allen, who We're called to
tell of the seriousness of Eschelman's
injuries. The manner in which he fired
technical question and anomatical
terms at the physicians must have led
them to believe at least that the law
was not the only strong point in the
Majors intellectual makeup.
Judge Jessup, representing Henry
Wehrum, general manager of the Lack
awanna Iron and Steel company, COM
planned before Judge Gunster of the ir-
regularity and insufficiency of the bond
given by the Erie and Wyoming Valley
| Railroad company as indemnity for
damages that may accrue from the
taking by the latter company of a small
strip of land adjacent to the steel COM
pany's new roaster opposite Nay Aug
park.
BOND NOT SUFFICIENT.
The bond is for $1,000 and is given
| jointly to the Lackawnna Iron and
Steel company and the Lackawanna
Iron and Coal company. The complaint
| alleges that the land in question is
owned severally by the two compa-
nies and that a separate bond should
be given to each also that the bond is
| insufficient because the damages that
| will result to the steel company will be
| in the neighborhOOd of 100000; the
seizure Of this particular strip making
| it necessary for the complainant to
| build a new road to connect the mills
and the roaster and rendering practic-
| ally valuless for the uses intended the
plot of land which the seized strip sep
arates from the rOaster
| Judge Gunster directed that new and
| adequate bond be submitted.