The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-12-14

wards yesterday began the COuSluCl''-
tion of 100 cases set down on the list
for the December week of arEunl IL
court.
The two cases OF NJ. a Mccarthy
against the estate of Martin Scanlon,
rule to open judgment. were handed
up without argument, O'BIien Kelly
representing the plaintim, and Watson
& Zimmerman the defendant. The
plaintiff is endeaVoring to collect on
two notes given to him by the deced-
ent in his life time. The defense is
that there was no consideration, an
inference being made that they were
given to protect Scanlor against cred
itors.
The case of Enos Flynn against Mrs.
Annie Barrett. rule FOR new trial was
argued for the plaintiff by Noshurg
& Dawson, and FOR the defendant by
~ A. Chase. The Ba'retts owed
grocery bill to the plaintiff. The nus
band gave note tn secure it, When
an attempt was made to collect it
the wife laid claim to the prop
c,ty by which the note was secured.
Arguments for a new trial i'm the
cases Of John and Mary Regan against
the Scranton Traction company, and
Lizzie Gilmartin against the l.acka-
wanna Valley Rapid Transit company,
We're made by ex-Judge Jessup O'Brien
IL Kelly being opposing counsel in each
instance. In the Regan case a YER
dict of $1,000 was awarded the plain
tffs at the last term Of civil court,
and in the Gilmartin case the Rapid
Transit company was mulcted for 81
500.
MAIN REASON FOR NEW TRIAL.
The main r,ason advanced for a new
t,ial in the RpGan case was that Mrs.
Regan. the woman who was injured,
was only superficially hurt by the col
llsion in question, and that her perm
anent disability is attributable to dia
betes. In the Gilmartir ease the COM
pany claims that the plaintiff was
guilty of ContributOry negligence. by
her own testimony, she having ad-
mitted that she walked on the track
i'm the fun knowledge that car was
due at any moment.
During a discussion of the rights of
street car company ON its roadhed
ex-Judge Jessup made the startling
claim that if a person refused to get
Oft the track when ordered to by the
company that the compan" had a right
to run them down
Judge Gunster with some feeling,
told Judge Jessup that it was useless
for him to argue any such proposition
t. the court while h was on the bench,
and adding that such a claim was
nothing more or less than a contention
that the law authorized corporations
to commit murder.
Judge Jessup persisted in his claim
and unequivocally told Judge Gunster
fl,,,t 4, l,n,
him as to such an action being any
crime much less murder. If man
plants himself on a railroad. argued
Judge Jessup, and refuses to get off
and allow the company 10 proceed with
the exercise of it's rights it is not to
BE- supposed that the operations of that
road are to be halted until the COM
pany can hunt mp a ms GistraUe and
by civil proceedings Gislodge him If
he does not get out of the way, after
de notice and warning the company
is warranted by law in running him
down.
Judge Gunster indicated by actions
that he considered all this as highly
absurd, but did not deign to make fur
ther reply.
\ MUCH TRIED CASE.
The much tried case of u. Z. Rep
logic, assigned to ID. r. Williams.
against A. J. Carey, of Old Forge.
cam up in the form Of a motion 10
satisfy judgment, the defendant maxi
ing the application. The case grows
out of the borrowing through Mr.. Rep
logic by S. j. Carey of 81 900 from the
Globe Lodge of Odd Fellows. Reploglc
claimed he paid Carey $3.50 too much.
Carey claimed tReplogle retained $3.50
mere than he had a right to.
The cases were tried before arhi-
traitors and the decision was that Meth
er party had any cause for action.
Last March the Carey property in ola
Forge was destroyed by fire. The
Globe lodge had $l,OG0 insurance on
the house and the Careys had $500 ON
the furniture. Mr.. Replogle attached
the $500 on the strength of his OLD
time claim. The defendant now seeks
10 have this judgment declared void,
thereby annulling the attachment. At
iorney Gibbs appeared for the defense
and Mr. Replogle for the plaintiff.
Execution creditors of w II. Wright.
formerly a jeweler on LackaWanna
avenue, came into court, through At
torneys Beers q Grambs, seeking, to
recover possession of a quantity Of
jewelry which Wright is alleged to
nave taken from the store and pawned
aiter the executions "a # him had
peeh nied' IL Is claim pat Wright
uiu thls 10 raise none. which to
pay his clerk. John q. el. Patter-
son & Wilcox appeart + the de-
fense.
Arguments on the rule aIimony
D. and counsel fees in the divorce case
of Michael Smith against Maria Smith
were made by John f. Murphy for the
wife and r. A. Zimmerman for the
husband.