The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-09-17


pert Testimony Forcibly Illustrat-
ed-Appeal from City Assessment
Heard.
An act passed in 1855 and seldom II
ever before invoked in this county was
used as the base for an action brought
against the city of Scranton yester-
day by c. II. Sears. of Green Ridge.
This act directs that vehicles pro-
PEELED by steam on a public highway
shall stop and withdraw to one side of
the road when a horse vehicle ap-
proaches within n distance of 800 feet,
and that the person in charge of the
steam vehicle shall render assistance
in guiding the horse vehicle safely past
the steam propelled machine. The su-
rreme court, in 150 Ia. 5. L., decreed
that a steam road roller came within
the class of vehicles to which the act
applies. On June II, last, MIR. Sears
and his young son while driving along
West Market street, encountered the
city road-roller. Ii continued in oper-
alton all the time they were approach.
ing and frightened their horse causing
him to run away. A heap of stones
that the city is alleged to have negli-
gently left in the road caused the car
riage to overturn, throwing the occu-
pants out and injuring them severely.
damages arc demanded in the sum of
$4,000 Attorney G. L. Oliver represents
the plaintiff.
EQUITY SUIT.
Mrs. Margaret Warrell and Anna
Mckay instituted equity proceedings
against their sister, Mrs. Jennie C.
Blackledge to secure partition of a
Providence property, of which the
plaintiffs own quarter interest each.
and, the defendant, a half. The prop
erty consists of an improved 50x150 lot
on Thompson street and another, un-
improved 10OX150 feet in dimensions.
r. A. Zimmerman represents the plain
tiffs.
The declaration in the trespass case
OF Louis Freedman against Max Ro-
senbluth, of Old Forge. was filed by
Attorneys Martin G. Vidaver. DAM
ages in the sum of $1,000 are asked for
injuries sustained through q beating
which Freedman received at the de-
fendants hands, June 10. last.
An effort was made yesterday morn
ing, by NJ. O. Webster through Jessup
e. Jessup, to stay n sale of La Plume
land advertised to be disposed by the
sheriff yesterday. The application was
for a writ of audita quernta. a pro-
ceeding occasionally appealed to as a
final result and one which is based on
allegations that something new has
entered into the case since the previous
adjudication. Judge Archibald refused
to grant the writ but allowed an eX-
certion to his ruling. The property
was sold later by the sheriff for $500.
Mr. Webster purchased the lard in
question for $4,000. paying $1,000 down
and giving judgment notes for the bal
ance. When the notes became due he
sought to stay their execution on the
ground that the holders, the heirs Of
Nathan X. Chase, had failed in an
agreement to furnish him with d clear
title of the property.
ALLEGED FLAW IN TITLE.
the flaw in the title was that George
Clymer had at one time, many years
ago, held half interest in the prop
erty and that while he had rclinquished
possession or it he had never made a
formal transfer of his interest. Court
in passing upon this, decided that Mr..
Webster could not hold the land and
have payment delayed on the notes
at the same time and dismissed his
petition.
The value of expert testimony is be-
ing forcibly illustrated in the West
Ridge coal case now on before Judge
Archibald. For three days and a half
expert miners, engineers, operators
and the like gave testimony for the
plaintiff to show that the company had
worked the mine in a proper, diligent
and energetic manner Thursday af-
ternoon and all of yesterday other and
equally reliable experts gave it as
their positive opinion that the mine
was not worked properly, diligently
and energetically. Mine Inspector
Henry o. Prytherch, Mine Foreman
| Finley Ross Mine Foreman Alexander
Aikman, william Richmond, James II.
Hughes and C. C. Rose We're yester-
| days witnesses for the defense.
The case will probably be ready for
argument at noon today.
Judge Gunster heard the appeal from
the city tax assessment taken by the
Fairvlew Land company. Mr.. Burns
argued for the plaintiff and City So
| lcitor Mckinley defended the assess
ment.
Last year the Land company's tract
in the Fifteenth ward was assessed for
| SIS 900. This year with twelve lots cut
out of it and no improvements added
| ii is assessed for $4,000 This alleged
unwarranted increase in the assess
| ment and the fact that the city valua-
| tion had only been increased from
| SO, 900 900 to $22, 900 00o, or ten ner cent,
was sufficient, Mr. Burns would have
the court belief, to warrant a decrease
i'll the assessment.
TOOK COMPANY'S FIGURES.
City Solicitor Mckinley said that the
assessor had taken the company's own
figures on the value of the land. He
| waited on one of its members and
without disclosing that he was am as
SCISSOR inquired the price of lots on the
tract. From the figures given in re-
sponse 10 these queries he made up his
| assessment.
Mr.. Burns said that the assessor
had inquired only about a few of the
desirable lots fronting on Main street
and the prices given on those would
not he fair basis on which to compute
the general or average value of the
lots. The three other cases pending
| will be heard this morning.
Final arguments were heard during
the afternoon in the Smith Cusick
trespass suit, before Arbitrators Tink-
ham Duffy and Manning. Hon. John
| Il X t,a F,,,