The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-02-15

.Judpe John b. Mcpherson. of Har-
risburr. Yesterday opened the second
weeks session OF the special term OF
common pleas for the hearing OF Trac-
tion company cases.
The list contains four cases, those in
which Susan Keaton, Giles Stanton.
Mr.. and Mrs. Martin Hart and Gather
inc Sweeney appear as plaintiffs. The
stanton and Hart cases were continued
nv agreement and consequently only
two cases are to be tried.
The keator case was the first taken
M. In this the plaintiff. Mrs. j. Is.
lteator Of Providence. sues for S25Ooo
for permanent injuries resulting from
being struck on the head and shoulders
by falling trolley pole
Mrs. keator and party of women
friends. on Aug. go 1894. started Tor
Mountain Lake to hold basket picnic.
While changing cars at the corner OF
lackawanna and Wyoming avenue the
trollpy pole OF the South Side car. whlcn
snapped in twain, as the conductor
swung it about i'm changing it and the
butt end of It struck Mrs. keator a
Clancing blow on the head and then
landed on her shoulder. She now al
leges that the accident has permanent
~ injured her nervous system and at
feCtcd her Cyesight to such an extent
that she fears she will yet become
totally plnd.
1t is held that the iron of the trolley
pole. contained a flaw and that the
conductor gave it a violent swing Wheh
changing it. both of which, or either
il is contended is ground for the al
legation of negligence.
The company will hold that it was
an unavoidable accident. 1t will show
that when the car was inspected the
night before no flaws were found in
the pole and denial will he made of the
allegation that the conductor swung
the pole violently when changing it.
Yesterday morning, while on the
stand. Mrs. Keator was overcome by
one of thc nervous attacks which she
claims she has regularly suffered from
since the accident. She had to be car
ried from the stand and it was not
until late in the afternoon that she
was able to resume her testimony.
S. Z. Price is attorney for the plain
tiff and the company is represented by
Jessup g. Jessup.
ARGUMENT COURT.
a
yesterday with Judges Archibald and
Guns,er on the bench. The first day
was devoid of important cases but to-
day will be beard the all important
case of Jermyn against the board of
school control.
The cases argued yesterday were:
Rule to vacate the adoption of Daniel
Hagen; Goodman & Weiss against A.
,,;n 70 ind Il
+. Carrey against p. DeLacy, excep-
tiors to report of referee: rule to quash
appeal in the matter of the widening
of Ninth street, Carbondale: w. a.
Mcdowell against William p. joyce,
rule for new trial; E. II. Freeman
against G. r. Edginton, rule to strike
off judgment.
The followir~ divorce cases We're sub
mittcd: George II. Waterhouse against
NJ W. Waterhouse. E. A. Griswold
against w. p. Griswold, II. G. Davis
against Richard Davis.
Cases reported settled were Niagara
Falls Brewing company against Joseph
Schneider, rule to open Judgment: Key
store Plaster company against ]. Hap
good, rule to dissolve attachment
Meyers Bros Cloak company against
r. w. Black, rule to dissolve attach.
nient; A. q. Schmidt & 90. against
John T. Jones, rule to open judgment.
In the cases Of w. w. Williams
against Winifred Healey. rule to opeT
Judgment, and sam Miller against n
Bobish, rule To open judgment, the
rules were made absolute.
\ BONITA CASE.
In the certiOrari case of John TaSkel
against the Bonita Plate Glass com
pany the writ vas non pressed
The following cases were continued
John ENack against Mary Kinney, rul'
for new trial; r.. Robinson's Son'
against Charles Rupert. rule to oLeI
judgment, S. j. Dckert against Lizzi,
D,ckcrt. rule for alimony; c. Rene
wick against Robert Renewick, rule fo
decree in divorce; ]. \. Gardner agairs