The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-09-30

-Four VerdiCtS for the plaintiff was
yesterdays record of jury findings in
common pleas. In the case OF Margaret
j. Smith against the Jermyn and Rush
brook Water company the plaintiff was
awarded SSIT50, over four times the
amount of the arbitrators award from
which the appeal was taken. 1t was
suit for damages caused by the COM
pany entering upon the defendant'9
land with water conduit, destroying.
among other things, natural spring
that furnished the whole water supply
for Mrs. Smiths farm. The company
admitted its liability and the only ques-
tion for the jury was the extent of the
damage.
The other three plaintiffs victories
were in the Duffy ejectment suit; the
case of Travis against Ackerman, for
the possession of a piano, and the as
sumpsit suit of the f. p. Dodge Manu-
featuring company against Adolph
Breschel The verdict in the last
named case was entered by default, no
one appearing for the defense. The ac-
tion was for the recovery of $l9915 for
a bill of goods.
In court room No. 9, before Judge
Gunster. owen Collins, of Providence,
city for a permanent injury to his hip,
caused, he alleges, by his leg slipping
into a hole in a culvert on Depot street.
BOX CULvERT DID IT.
The accident occurred February 1S.
1897. He and a party of friends came
down from Carbondale on the 11.20 p.
m. Delaware and Hudson train. They
alighted at the Providence station and
started over Depot street towards their
homes in Providence. Extending dag
onally across Depot street. just off the
railroad crossing, is a box culvert an
| extension Of which forms part of the
| sidewalk.
| A hole had been broken in the cover
| ing of the culvert, it is alleged, ant
| into this Collins stepped. His hip was
so badly injured that he is even yet
| when working, compelled to use a cane
| and to rest his left hand on his knee
to take some of the weight off the in.
jured hip. He says he has decreased in
weight from 1S0 to 151 pounds since tn,
| injury befell him. Doctors L. Wehlau
j. j. Sullivan and Reed Burns gave il
| as their opinion that Collins is prob
ably permanently injured.
| The defense will be that there wa!
no hole in the culvert. as alleged, anC
that Collins was intoxicated and slipped
| on the ice. 1t may also be shown tina
| the city does not own or control tn
| street. it never having been expressl.
accepted from the Gilbert estate, whicl
laid out the plot embracing that street
Ex-City Solicitor I. H. Burns repre-
sents the plaintiff and City Solicitor NJ
A. Mckinley. the defense. The plain
tiff's side has not yet completed it's tes
timony
The Keystone Brewing company o
Dunmore, was defendant in a trespas
suit that was called before Jude Arch
bald, in the main court room. TIL
plaintiff is Volzlof Koslask, of Wayn
avenue His eight-year-old son had hi
leg fractured by being run over by on
of the Brewing company's wagons
October 9, 1896. The accident occurre
on West Market street, at it's intersec
tion with Wayne avenue, while the la
was walking on the crossing, ii Is a
legged. The plaintiff claims that tn
driver of the wagon was watching som
boys engaged in kicking q foot ba
when the accident took place. 1t
also alleged that the team was goin
at full trot.
DEFENDANT MAKES DENIAL.
The defendant denies this story a.
most in toto. The driver, John Nool
says that he was driving along at
moderate gait and at some distanC
below the crossing the boy ran in fror
of the wagon, between the horses an
the front wheels.
The plaintiff was making its closin
|
iourned. Vosburg & Dawson represer
Koslask, and L. c. Newcomb the Brew
ing company.
A recess had to be taken in Juds
McClure's court because of the absenC
of Captain p. DeI.acy. Democratic car
didate for secretary of internal affair
He is an important witness for II
plaintiff in the case of ]. j. Woodlin
against f. $. Godfrey, and Mr.. Chas
the plaintiffs attorney, did not care
proceed without him. Judge McClu
issued an attachment for the absentt
and declared a recess until 8 o'cloC
this morning. In the meantime NJ
Chase will endeavor to locate the cal
tain by telegraph and have him Z
hand. He is at present making
stumping tour of the western part
the state and was in Altoona, Tuesda
night.
Application was made to Judge NJ
Clure. by willard, Warren & Knap
for rule for a new trial in the ca
of Jones, Simpson & Co. against Il
Howell King Brewing company, a su
for damages for horse killed in
street collision, in which a verdict
S227 50 was rendered for the plainti
| Wednesday, The motion WAS owe
ruled
PROF. KENNEDY LEAVES ToDA