The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-01-20
COMPANY TELLS A
DIFFERENT STORY
0'MalIey Stepped 10 Front Of the Car,
II Is Alleged.
COMPULSORY NON-SUlT REFUSED
Jury In the Case of Mccoy Glass
Company Against the Lackawanna
Hardware Company Finds for the
Plaintiff After Allowing an Offset.
Traction Company Called Upon to
Defend a $4,000 Damage Suit.
Verdict Against Taylor Borough.

Judge Gunster refused the motion for
a non-suit in the case OF OMalley
against the Traction company, yester-
day morning, and directed the COM
rany to proceed with its defense. The
entire day was taken up with the hear
ing of the defendants side and a good
part will, it is probable, be likewise
consumed.
The claim of the defense is that
Motorman Lisk, who was in charge of
the car which ran down O'Malley, saw
the asphalt men on the road when he
was several hundred feet away from
them and as he approached where they
were working, gave the usual alarm by
ringing fhe bell. All the men got out
of the way, but when the car was a
few feet from where the repairing was
going on O'Malley walked directly in
front of the car and bent over as If to
proceed with his work. The motorman
reversed the power, but the car could
net be stopped in time to prevent it
from hitting him. 1t was also held
that the car was proceeding at slow
pace at the time, with the power turned
off and moving only by the gravity of
the slight decline at that point.
In the case of the Mccoy Glass COM
pany against the Lackawanna Hard
ware company, the jury yesterday
brought in a verdict for the plaintif
in the sum of $52575. Judge Love di-
rected that the jury could not allow
more than the price of one car of glass
as an Offset. The jury allowed this
much, thereby making it a drawn
battle.
Another Traction company case was
called before Judge Love, when the
Mccoy case had been disposed Of
Uriah Mcdonnell is the plaintiff. He
claims $4,000 damages from the Trac-
ton company for disturbing the grade
of the street in front of his property
| on North Main avenue, near the Mar
vine crossing, and causing, as he al
leges, the water from the street to run
in on his yard.
The company alleges that no dam
age has resulted and that none are
likely to result. At the request of
Major Everett Warren and Hon. c. p.
| O'Malley, of counsel for the defend
| ant, the jury and Judge Love went to
| the scene in a special car to view the
ground. When they returned Mr..
Soper began the presentation of. tes-
timony for the plaintiff. The case was
! on at adjournment.
The drawing of a jury was enlivened
| a little by the action of Juror w.
| Haydn Evans in requesting to be ex-
cused because he was prejudiced
! against p. w. Gallagher, the special
agent of the company. He had had
some dealings with the company
| through Mr.. Gallagher and was best
| ed" and he didn't like the methods the
| special agent pursued. Mr.. Gallagher
| blushed at the unintended compliment
| and the juror was excused.
| DIR. PORTEUS WON.
In the case of DR.. j. S. Porteus
| against the borough of Taylor a ver-
dict for $3.50 damages in favor of the
plaintiff was directed to enter. This
is one of the cases growing out of the
| changing of the grade of Main street,
at the time the street car tracks were
| laid.
| Slow progress is being made with this
| weeks common pleas list, owing to the
fact that Major Warren, Judge Jes-
sup and O'Brien & Kelly, who became
| tied up In long-winded cases, are in
| terested in twenty-one of the thirty
five cases that are open for trial. BY
| reason of this, Judge Archibald, who
is in the main court room, is having a
| Veritable vacation.