The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-10-19

At Pittsburg Monday the Supreme
court handed down decisions I'm a large
number of important civil cases. In
the much tried suit of Steere against
Oakley a decision was rendered refus-
ing a motion for reargument. The suit
is based on the claim of G. G. Steere, of
Kingsley, that in the settlement of
debt represented by mortgage d. X.
Oakley overreached him to the extent
of $780, The plaintiff is unable to read
write or cipher" and the defendant
knowing this, it is averred. made him
pay in interest and principal $500 more
than was due.
The case was tried before Judge
Archibald and q verdict rendered for
the plaintiff. Judge Edwards next tried
it and again a verdict for the plain
tiff was rendered.
a second application for a new trial
being refused the case was taken up
to the superior court. The superior
court reversed the lower court and the
plaintiff thereupon appealed to the su-
preme court. The latter tribunal re-
versed the superior court and directed
the finding of the lower court to stand.
The defendant applied for a rehearing
and yesterday the appeal was refused
Vosburg & Dawson represented the
plaintiff and II. NJ. Hannah and S. =.
Price the defendant
In the case of the Electric City Land
and Improvement company against the
West Ridge coal coinrany. the decis-
ion of the local court was reversed.
This is a suit brought by the lanl COM
pany t. enioin the coal company from
erecting an air shaft at its plant on
North Main avenue.
NOT TO SINK SHAFT.
In the deal between the two COM
psnies. for the surface land it was stip-
ulated. so the plaintiff alleged that the
! coal company was not to erect any
shaft or other such structure on the
| portion it reserved. The coal company
repudiated this alleged agreement and
constructed an air shaft on the ground.
| The local court refused an injunction
and the plaintiffs took it up to the SUI
preme court The supreme court awards
the injunction. Justice Dean handed
down the decision. Justices Mitchell,
| McCollum and Fell dissented
| A reargument was refused in the case
of James Gavigan against the Atlantic
/
for damages which he sustained by rea-
son of escaping oils from the COM
panys storage tanks running upon his
property and making it unhealthy tC
! live therein.
| a verdict of Si00 was secured on the
first trial of the case before Judge
| Edwards. An appeal was taken to the
superior court and a new trial was
! Org nj toI hp n
made in allowing the plaintiff to re.
cover for personal damages to the other
members of his family, he being the
only plaintiff named in the case. The
case was again tried before Judg,
Edwards and a verdict was found 70,
the plaintiff in three times the amount
of the verdict that was appealed or tC
be exact $1,275. Another appeal wa
taken. this time to the supreme court
because the amount involved was il
excess of s1OOO.The supreme court af
firmed the finding of the lower cour
and now refuses a reargument.
In the case of NJ. A. Mccarthy agains
Margaret Scanlon, administrators o
Martin Scanlon. deceased, the judg
ment of the local court in favor of tht
defendant was affirmed.
SUED ON TWO NOTES.
The plaintiff sued on two notes 70
ST. 900. which were given to him b,
Martin Scanlon, several years befor
he died, but which he did not have re
corded until after Scanlon's death.
The defense was that no considera
ton was given. 1t was brought out a
the trial that Scanlon gave the note
to Mccarthy, who was his closes
friend, in order to protect himself fror
a Judgment that he feared would b