The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-09-28
VERDICT OF 81 FOR
JOHN G. JENNINGS
Jury Stood Eleven TO One for This Find.
Ing from the First.
TWELFTH MAN WOULD GIVE NOTHING
Question as to Whether OF Not the
Verdict Carries Costs with It--Oid
Forge school District Sues John and
Joseph J. Jermyn for Mining Coal
from School Property-- Atlantic Re-
fining Company Asked to Settle for
Having Leaky Tanks.

A nominal verdict of 81 for the plain
tiff was the finding of the jury in the
case of John G. Jennings against the
Lehigh Valley Railroad company.
From the first the jury stood eleven to
one for this verdict, the dissenting
juror holding out for verdict for the
defendant.
The case has been before the courts
for over eight years. The first time
1T was tried the jury disagreed. On
the second trial one of the Jurors after
being sworn. said he was prejudiced
and the case was continued. Whether
or not yesterdays verdict carries the
costs with it will probably be a cause
of further contention. There is an old
law which saws that when a verdict
for damages is under forty shillings
1t does not carry costs with it, but it
is held by some of the authorities ques-
toned on the matter yesterday, that
there are two exceptions to this law
and that the case in point where the
suit is for damages for bodily injuries,
is one of them. The question Is being
looked up by the interested persons.
Judges Gunster and Edwards start
ed In yesterday morning to dispose of
the following cases set down on this
weeks common pleas list:
CASES FOR TRIAL.
School district of Old Forge against
John Jermyn and Joseph j. Jermyn,
trespass; James Gavgan VS.. Atlantic
Refining company, trespass; John Flan-
nagan against John Shields, ct al, sci
IA; Martin Wilkes against j. A. and
r. NJ. Scranton, trespass; Daniel Battle
against John Sharak, appeal; Ii. H. Bur-
schell against Scranton Traction com
pany, trespass; Thomas Zurick against
Delaware, Lackawanna and Western
Railroad company, trespass; Enos Flynn
against Martin Barrett and Anna Bar
rett, replevin; John Mancarrow against
George w. Dunn, appeal: owen Flynn
against Catherine Sheppleman, admin
istratriN, appeal; Isaac 3. Feltz against
A. r. Fredel, appeal; Thomas ]. O'Mal-
ley against Scranton Traction COMPANY
trespass; S. b. Mccoy Glass company
against Lackawanna Hardware COM
pany, assumpsit; Chris Smith against
Wilkes-Barre and Scranton Railway
company trespass; Daniel Keleher
against Joseph Myers. trespass: A. j.
McHugh against Bridget McHugh, exc
cutrix, sci fa.; John Regan and Mary
Regan against Scranton Traction com
pany, trespass; Max Judkovics against
Il. j. Walsh assumpsit; N. Bernstein
against DaVdow & Co., appeal; Samuel
Tillston against Scranton Traction COM
pany, trespass; Allan Lawrence against
Scranton Traction company, trespass; L.
7. Coleman against j. f. Seigel assump-
sit; Ada Jodry against b. +. Killam, ex-
ecutor, appeal; George II. Aallott against
Scranton Traction company, trespass:
Uriah Mcdonnell against Scranton Trac-
tion company, trespass.
Two cases were started. One was
tIn NP ~
district against John Jermyn and Jo-
seph Jermyn to recover for coal which
it is alleged the defendants mined from
the school districts property. Major
Everett Warren and Ii. NJ. Hannah
represent the plaintiff and s. y. Price
the defendant. The other is the suit of
James Gavi"an against the Atlantic
refining company. Mr. Gavigan's prop
erty is on Roche court n-ar the oil
company's storage tanks. The drip
pings from the tanks soak into the
ground and following the seams in the
rock strata finds its way into the
cellar Of the GaVigan house, making
habitation anything but enjoyable and
jeopardizing the health of the house
hold. He asks $4,000 damages.
TRIED ONCE BEFORE.
The case was tried once before and
a verdict of $500 rendered. An appeal
resulted in the supreme court ordering
a new trial. Mr. Gavigan's attorneys
are O'Brien & Kelly, l. II. Burns and
Nj. j. Donahoe. The oil company is
represented by Watson e. Diehl.
The grand jury finished hearing cases
at noon yesterday. After dinner they
went to the county Jail and returning
at o'clock proceeded to look over
the court house. Their final report will
be submitted this morning. 1t is ex-
pected they will have something to say
in regard to the court house improve
ments.