The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-10-26

IN the IrYlng--sult OF Gus ABhlust
the Delaware, Lackawanna and
Western Railroad Company.-An-
other Quite Famous Case is Also
Up for Argument--Several other
Cases of More or Less Importance.
Arguments for a new trial in the
famous ejectment suit of William Won
Storch against burlington S. Won
Storch are now being made before
Judges Archibald and Edwards, Judge
Gunster refraining from participating
because he was at one time an attor-
ney for one of the parties and besides
is an important witness.
The case was tried at the June term
of common pleas and ran through four
weeks, seventeen entire days being ac-
tually consumed in its trial Judge
Archibald presided. The attorneys for
the plaintiff were Warren & Knapp,
John f. Scragg and Alex. #. Farnham
of Wilkes Barre. c. II. and 7. c. Won
Storch also sat in with the counsel for
the plaintiff. For the defense the legal
array consisted of Jessup & Jessup,
OBrien & Kelly and II. G. Umstead,
of. Wilkes-Barrc. Among the promi-
nent witnesses called were eX-Judge
Garrick NJ. Harding and eX-Attorney
General Henry NJ. Palmer, of Wilkes
Barre, and as mentioned above, Judge
i. w. Gunster, of this city.
The suit is over a piece of land on
North Main avenue, which was for
merly the property of Ferdinand Won
Storch. The plaintiff, William Won
StorCh, claims it under deed from
Henry NJ. Fuller. trustee for the es-
tate. The defendant. who is a son of
Ferdinand, claims with the rest of the
children that his uncle. William, simply
held the property in trust for the chill
dren of his brother Ferdinand. The
defendant, burlington, has been in
possession of the property about thirty
years, but this possession, the plaintiff
alleges, has been permitted only
through his courtesy. As to who was
the apparent owner during all these
years was one of the questions which
called for q big mass of testimony.
NeighbOrs, workmen who had made
repairs on the property. parties who
had secured certain privileges, such as
the use of the barn and the like were
brought in to show that one party or
the other. as the case might be, was
the acknowledged owner.
VERDICT FOR PLAINTIFF
The jury found in favor of the plain
tiff and now the defense is asking for
a new trial on the ground that the
weight of the evidence was against the
verdict and that the judge who sits
as a chancellor should have directed a
verdict for the defense or else taken
the case from the jury. Judge Jessup
began his argument at o'clock yes
terday afternoon and at the adjourn
ing hour, 4.30 o'clock, he had not yet
finished. Major Warren will speak in
opposition to the motion.
Another case, which has attracted
no small amount of attention both in
the local ard Supreme courts, was up
for argument yesterday. 1t is the suit
of Isaac b. Felts against the Della
ware, Lackawanna and Western Rail-
road company. The company, it is al
legged, seized a piece of coal land in
Taylor, belonging to Mr.. Felts. lie
sued to recover and when the case was
called here asked for a change of venue,
claiming that fair trial could not be
secured in this county because of the
immense power welded locally by the
corporation. His petition was denied
and he took the matter to the Supreme
court.
The action of the lower court was
upheld and the case was once more
placed on the list. When it was next
called, the plaintiff refused to go on.
taking another appeal to the Supreme
court, which was also denied like the
first. His refusal to go on with the
trial when it was called resulted of
course in non-suit. Now he is en-
deavoring to have the non-suit stricken
off. 4. Ricketts,, f, Merrifield and
John f. Scragg appeared for the plain
tiff. Jessup & Jessup and NJ. l. Corbett
represented the company.
-
NEW INlNL WANTED
The city of Scranton appeared as a
petitioner for a new trial in the case
of c. Smith, of Duryea, against the
city who was awarded S1,7OO damages
for injuries received by his wife in
falling on an uneven place on the side
walk on Penn avenue, in front of the
Conway house, at the time the hotel
was in course Of construction.