The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-01-28

For the first time in this state, as far
as is known locally, a court is passing
upon the question of whether or not
damages can be collected for the death
of an undelivered child. The question,
which has been decided in the affirma-
tive in New York state, comes up here
as an incidental issue in the case Of
Mr.. and Mrs. Thomas II. Kelly against
the Scranton Traction company. Mrs.
Kelly sues for permanent injuries and
the husband asks for reimbursement
for the loss of his wife's services and
also for the loss Of services of son
who was killed at the time the wife
was injured. In all, the damages de-
manded amount to $4,000.
The allegation is that on Jan. 4, 1896
while boarding a Stone avenue car at
the corner of Lackawanna and Wyo-
ming avenues, Mrs. Kelly was thrown
against the dashboard by the sudden
starting of the car and seriously in
iured internally. The defense is that
the whole case is trumped up. Attor-
neys Charles l.. HaWley and Ira II.
Burns represent the plaintiffs, and Jes-
sup & Jessup are looking after the de-
fense. The case is on trial before Judge
Purdy in the Superior court room and
will not likely be finished before this
evening.
In court room No. Judge Archibald
| is sitting on a mule-mine mule-case.
| There is kick over the value of eight
mules which Harry Depuy furnished
| to the Nay Aug Coal company, of Dun
more, of which w. j. Hand is president
and John G. McAskie, secretary. The
| company claims that Nky. Depuy agreed
| to furnish sound, young mules for
| prices ranging from $40 to $50, and that
| they could be returned if they, after
a trial of a few weeks, were found not
to be as bargained for.
MULES EXAMINED.
Their general appearance and con-
dtion led the company to suspect that
all was not well with their mules, and
two veterinaries were summoned to
make an expert examination Of them
| the mules. The veterinaries report
showed that one Of the mules was as
young as fourteen years but the most
of them had arrived at that age when
they cease giving birthday parties. Mr.
| Depuy was told to take back your
mules" but he refused, saying that
despite the experts the animals were
We're worth what he charged for them
| $50 to $145 apiece.
The company had advanced him $3.50
and when it refused to pay him the
balance, some $3.50, he brought suit
There is a SIPS labor claim included in
this amount.
e. C. Newcomb and Major Everett
Warren represent the plaintiff. Hon
John P. Kelly appears for the defend
ant company.
Judge Edwards was occupied yester-
day afternoon in hearing an ejectmen,
case, which, by agreement of counsel
was tried without a jury. w. c. Mil
Ter is the plaintiff and G.. w. Cramel
and John w. Cure, the defendants
1t appears that William HartWeu, OF
| Wilkes Barre, decided a large tract OF
Blakely land to the defendants, re.
serving a fOurteen-acre plot known as
the Oakley coal plot, which he after.
wards decided to Miller. Although Mr.
| HartWell is an engineer, his boundaries
| OF the reserved plot left room for dis.
| pute and the two purchasers are now
| disputing. Two of the stations are OF
| conglomerate rock and as conglOmer
ate rock outcrOppings are, to say tine
| least, not uncommon on coal lands G
conflict ensues. Watson, Diehl & KEN.
merer are attorneys for the plaintiff
and S. B. Price represents the defense
Miller Ehrgood had it his way agair
yesterday. He came in at the openins
of court and complained that some one
had told his witnesses in the Dunmor,
mill case that they would not be want
ed this week and that he was unabl,
to get them together again at sucl
short notice. Judge Purdy, after som,
hesitation, agreed that the case Nigh
go over until today.
VERDICT FOR PLAINTIFF.
The jury in Ehrgood's other case
that against the Moscow Water com
pany, brought in a verdict yesterda,
afternoon at o'clock, giving the plain
tiff $iO0.
In the case Of Mrs Maria Wheeler
against the Lackawanna Coal Com
pany Accidental association, Judge Ed
wards yesterday morning directed ;
verdict for the plaintiff in the sum O.
SSI, which is for the full amount Of tn,
claim, $75, and interest. A rule for {
new trial was granted on motion of S
Il. Price, attorney for the defendant.
The jury in the case of the Onondag;
Dynamo company against the Nationa
Elevator company rendered a verde
yesterday morning in favor of tn
plaintiff for $2O6.21.