The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-11-18

When the defense in the suit of Liz
zie Gilmartin, of Carbondale, against
the Lackawanna Valley Rapid Transit
company, started in to make out it's
case, yesterday morning, somewhat of
a surprise was encountered by Attor-
ney Hand in the first witness he called,
Patrick Walsh, motorman of the car
which ran over Miss Gilmartin.
Walsh was placed on the stand to
combat the testimony of the plaintiff
that the headlight was not burning and
that the bell was not rung. He did
just the opposite. The headlight was
defective and would not keep lit, he
said, and the bell was in such bad or
der that it was only occasionally it
could be made to sound.
Mr. Hand confronted Walsh with the
sworn stateMent he made to the COM
pany at the time of the accident and
asked him to account for the assertion
therein contained that the headlight
was burning and the bell kept ringing
almost continually. Walsh replied that
he told the man who was writing out
the statement that he kept pounding
the clapper of the bell continually but
that it would not always ring and that
the man fixing UP the statement said
that will never do" and put it down
that "the bell was kept ringing al
most continually"
ABOUT THE HEADLIGHT.
AS to the headlight he explained that
II was lit as the statement averred but
the lamp was so defective that the jar
ring caused the wick to keep constant
ly dropping down and most of the time,
the instance in question included, the
light was so dim that it cast scarcely
any reflection, if indeed any at all.
Mr.. Hand gave the witness up in dis
gust and on the grounds of surprise"
asked Judge Gunster to withdraw a
juror and continue the case. The judge
refused to do this saying it would be
unfair to the plaintiffs and directed the
case to proceed.
Mr. Hand went on to show that the
car was brilliantly lighted with incan-
descent lamps and could be seen a dis
tance of several miles. In his arSu-
ment he contended that the fact that
the plaintiff walked on the track in the
face of known danger was in itself
negligence and the fact that she was
run down was proof she had not eX-
ercised care sufficient to avoid that
danger. The case was given to the
jury at $3.50 o'clock. No agreement had
been reached at adjourning time.
Mr. Vosburg evened up for his de-
feat by non-suit in the Zurisch case of
the day before by securing a non-suit
in the case of c. w. Lowry against
August Wenzel. Wenzel was charged
with having disposed of some goods
which Lowry had caused to be dis
trained. Mr. Vosburg raised the point
that it was the constable if anybody,
who had cause for action, and the Judge
agreed with this contention.
LA BAR TRESPASS CASE.
The trespass case of Isaac f. LaBar
against the Greenwood Coal company
for the taking of some several thou
sand tons of culm was settled while
on trial during the morning.
Miss Rose Tyler music teacher, of
Honesdale, was plaintiff in a case
against the city of Carbondale before
Judge Edwards, during the afternoon.
In December, 1893, while passing along
Salem street, in the Pioneer city, she
tripped and fell on an uneven place
in the sidewalk, sustaining injuries to
her arm Whlch prevents her from fol-
lowing her occupation and for which
she demands $1,000 damages. Attor-
neys Burr and Butler represent the
plaintiff. City Solicitor Watrous and
]. II Burns looked after Carbondale's
interests.
The case of Ada Jodrey against p.
=. Killam and others was decided in
favor of the defendants, but Judge Ed
wards forthwith awarded a new trial
on motion Of the>plaintifrs attorney.
Just previous to adjournment a jury
was selected to try, once more, the
complicated case Of \. J. McHugh
against Bridget McHugh, e,lecutrix of
the estate of Richard McHugh, de-
CeAsed. At the former trial Il WIS de