The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-05-24
VERY BUSY DAY
In THE COURTS
concluded from Page 81

ward of Jermyn borough changed from
It's present location to the premises of
Arthur Messett, of Main street.
Judge Archibald granted a new trial yes
terday in the case of Ehrgood against
the Moscow Water company. The court
believes the damages. If not excessive,
were certainly large and decided to sub
init II to another jury.
Judge Edwards handed down a lengthy
opinion yesterday dismissing the excep-
tions to the report of Attorney Charles
ii. Welles, trustee for Emee IIaeberly
and Henry Armbrust, guardians of
Amelia and Lena Robinson.
Judge Edwards discharged the rule to
strike off the mechanics lien in the Glib
son 4 Male VS.. Garonvinto Bros case.
lie also discharged the demurrer in the
equity suit of Elisha A. Coray against
John S. jenkins, and the respondent is
required to answer within fifteen days.
In the equity suit of Charles a. Yoos
against James B. Doyle Judge Edwards
dissolved the partnership existing be-
tween them and ordered that an account
be taken in manner hereafter to be de-
termned by the court. The injunction is
refused and the prayer for the appoint
ment of "A peceivor is denied.
Court made an order yesterday fixing
the fees of Attorneys j. X. Burnett and
Joseph JeffFcys at $500 each for removing
the ballots from the boxes in the various
election districts of the county, and bring
ing them to court. The expenses of Mr.
Burnett, $3.50, and of Mr. Jelfreys. S5S So
were approved. The whole amount vas
ordered taxed up as costs in the Lang
staff. Kelly contest.
Judge Edwards yesterday refused to
] tFYt1~ l..
Thomas Zurick against the Delaware.
Lackawanna and Western railroad. The
3-year-old child of the plaintiff was
killed by the defendants cars The nom
suit was granted on the ground that the
father was negligent in permitting the
| child TO wander upon the tracks. The
| plaintiff lives at Taylor.
Judge Archibald reversed the Judgment
| of Alderman Roberts in tho case of the
| city of Scranton against Sarah Dunleavy.
| She was arrested on a charge of nuisance
| ana fined The s!dermans docket does
not state the violation to have taken
place in this city and county. In the case
of Whitbeck e. Marsden against Henry
| Meters the rule to set aside the award
of arbitrators was discharged
Judge Archibald yesterday refused 10
take off the non-suit in the case of Mary
Cole against the city Of Scranton. The
| woman came to visit her sister in Green
! Ridge and while out walking one day she
stumbled on a board sidewalk and Sc
verely injured herself. The opinion says
that the court adheres to the idea that
the evidence disclosed no negligence on
the part of the city which would entitlt
the plaintiff to recover damages.
QUO warranto proceedings were begar
In court yesterday by John Bcntham, OF
Dickson, who alleges that William Sum.
mers has exercised since May q, 1898, III,
duties of a member of the council OF
that borough without lawful authority
Judge Gunster granted a rule on Mr.
summers to appear on June 13 next ant
show cause why writ should not issue
| against him to show by what authority
he exercises the Office.
Attorney L. G. Newcomb, representing
H. II. Whiting, began an action for Iii
| vorce yesterday i'm Prothouotary Cope
lands office. Mr.. Whiting alleges that his
wife, Josephine, made his life burden
| some from 1895 till 1897. and forced hin
to withdraw from their home. Her treat
ment was most cruel and barbarous h,
alleges. They were married May Is, 1880
at FactoryNille, and separated on Nov
= 1897.
Richard Wonacott was yesterday ap
pointed guardian OF Lille and John Jo
! Stpn llle TWO minor CnlldFen oil MS DrOtn
cr, Richard, deceased. John IL. Jordan
was appointed guardian of James anC
Nora HoSic, minor children of James j
liosie, deceased. b. c. Morgan was ap
pointed guardian Of stephen and Kati,
Reap, minor children Of Michael Reap
Peter Roberts was appointed guardian o
Mary Barron, minor child OF Nitro Bar
ron, late OF Dickson City.
Judge Archibald gave expression to a fin,
vein of humor in granting a new trial il
the case of Harry Depuy against the Nay
Aug Coal company. He says in the fac,
Of the evidence of Dr. Helmer and Dr
Sturge as to the condition of the mules
sold to the defendant that the verde
was travcsty on Justice THEY tcstihe,
to the posse sion by these animals o
about all the defects and disorders null
flesh is hear to, chronic lameness, hear
disease bony enlargement of the hocl
Joint, fractured crupper bones, spawn
and loss of eyesight. The mules were
with one exception, of the ages betweei
IS and % years. and ore had encountered
a buzz saw. Two others were part of I
beVy which were sold in a lump for Sl2i
How the jury could have found the eigh
mules were worth over 81 900 is more thar
the court can understand.