The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-10-05

A case upon which much pOsSlole
future litigation depends is now on be-
fore Judge Archibald in the main court
room. 1t is an action in tresDass TO
recover for damage caused to land by
culm being washed upon it by nat
ural stream which sweeps the toot or
culm bank. A. w. Brundage, or
Peckville, is the plaintiff and the Blue
Ridge Coal company the defendant.
Mr.. Brundage owns plot of land In
Peckville on which three houses have
been erected. A creek which flows
past the workings of the Blue Ridge
company mile above the town also
flows past the land of the plaintin.
Culm has been carried by the stream
from the company's dump. 1T is alleged,
and deposited on the PLAINTIFFS prop
erty making the ground useless ana
the houses untenable. He places his
damages at $4,000. w. S. Hulslander
and Vosburg & Dawson represent the
plaintiff, and II. G. Reynolds and War
rem & Knapp, the defendants. The first
witness for the plaintiff, Surveyor Ed
mund Bartl, was on the stand at ad-
journment.
Another unusual case is on before
Judge Cunster in No 3 1t is that of
Richard j. DeleVan, of CarboDdale,
against the Lackawanna Valley Rapid
Transit company. He sues for dam
ages for injuries which his wife is al
legged to have sustained in street car
collision near the White bridge in Car
bondale, July 5, 1895.
ADMITS LIABILITY.
The action itself is quite ordinary,
hut ha fria hoc -
sibly unique feature that the defend
ant admits liability. AS a consequence
of this the jury will be called upon to
simply fix the amount of damages.
O'Rrien e. Kelly represent the plaintiff.
Horace e. Hand and Watson. Diehl,
Hall & Kemmerer appear for the COM
pauy.
The plaintiffs testimony was to the
effect that Mrs. Delevan suffered from
the shock to such an extent that she
| was laid UP in bed for nine days,
could not leave the house for two
| months. and that her health is still
and always will be impaired. The de-
ferse which will begin the presenta-
ton of testimony this morning is that
Mrs. Delevan was not injured to the
extent she claims. They will call Doc
| tended Mrs. Delevan and who, it is
| stated, will testify that she was not
| injured to any great extent.
In the case of Mrs. Ellen O'Donnel
| against Patrick Golden a verdict fol
the defendant was found after half ar
hours deliberation. Bridget Mullaney
died in August, 1893 owing Mrs. O'Don
nell $112.3O. Her property went to hel
| M,,1 nd hn in, I'm
sold it to Patrick Golden. 1t is claim
| ed by the plaintiff that at the time
of the transfer Golden agreed to as
| sumo the debt. The defendant alleges
that no mention of the debt was mad,
and no reference made to any claim
other than a $50 note which Colder
| agreed to be responsible for and which
has been paid.
| POINT RESERVED.
Had the verdict been for the plain
tiff it would have been a conditiona
one as Judge Archibald reserved fo
more deliberate consideration the ques
tion as to whather or not the plaintiff
| had proceeded properly to have he
claim satisfied, Mr.. Scragg, attorne!
for the defense, raising the point tina
an administrator should have been ap
pointed and the estate sued within tw'
years after the death of Mrs. Mullaney
A verdict for the defendant was rem
dered in the case of A.C. Fuller agains
Daniel Elsinger 1t was a dispute owe
the rental of the old stove works prop
erty on West Lackawanna avenue.
The following eight of the 50 'ses o.
the list for this week We're contnI.ed
Patrick Malta against Scranton Trac
ticn company, Showers Pork Packin
and Provision company against viii
liam r. Matthews; John Courtrigh
against Henry Zielts and M. w. Pets
Catherine Sweeney against the Scran
ton Traction company; New Yorl
SuSquehanna and Western Coal com
pany against the Pennsylvania, NeN
York Canal and Railroad company; "
j. Melting against Thomas j. Foster
Rutland G. England against John I
| Hull.
The jury in the case of H. II. Bun
schell against the Scranton Tractio
company returned verdict for the dt
fendant in the sum of $500. 1t is sal
the company at one time offered to sci