The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-02-18

A compulsory non-sut was yesterday
granted by Judge Mcpherson in the
case of Catherine Sweeney against the
Scranton Traction company. Jessup q.
Jessup. attorneys for the defense, con-
tended that the plaintiffs own evidence
showed her to be guilty Of contribu-
tory negligence under the new ruling
Of the Supreme court, that person
crossing a street car track must OBJ
serve the same caution as II crossing
a steam railroad track, that is, stop,
look and listen. 1t was also held that
there was no negligence on the part of
the company; that Mrs. Sweeney came
suddenly from behind a large covered
ice wagon in the middle of a block and
darted directly in the path of an on
coming car; that, in n word, she ran
into the car, rather than that the car
ran into her.
Judge MCPHERSON sustained these
contentious and directed a compulsory
non-suit to enter. In doing so, he said:
1T is impossible to not feel very
sincere sympathy for this unfortunate
plaintiff who has undoubtedly been
severely injured by this depora BILE oc-
currence. As / understand the decis-
ions of the Supreme court there is no
choice left to me except to enter q
compulsory non-suit i'm this case upon
the ground of contributory negligence.
1t is possible, of course, that a more
critical examination of the testimony
after it comes to be written out might
lead to different conclusion, and we
will entertain a motion to take it off,
and we will then be able to consider it
with more care"
The motion to strike off the non-suit
was made by the plaintiffs attorneys
and rule to show cause why it should
not be stricken off was allowed.
MR.. SNEE LOST HIS FEE.
One of the Jurors. James Snee. of
Simpson, was not on hand when court
opened and a delay of nearly an hour
was caused. After waiting this length
of time and there being no signs of
Snee, 1t was agreed that the case
should proceed with eleven men. The
missing juror arrived about noon and
when called before the court explained
that he went to Pittston last night and
was not able to catch a train that
would get him back here in time. Judge
Mcpherson lectured him for his negli-
gence, telling him his first duty was
towards the court. and then directed
the clerk to knock off a days wages
from Mr.. Snee's jury fee.
The city and the Scranton Traction
company were co-defendants in the
next suit called, that in which Giles
Stanton. of South Abingdon. sues for
$4,000 damages for broken leg, sus-
tained by his wagon being overturned
on a snow bank on Capouse avenue in
February, 1895.
1t appears that there was a heavy
fall of snow about a week before the
accident. The street car company's
y sweeper made a sort of ditch through
the center of the road and the city in
clearing it's cutters and sidewalks
piled more snow on that thrown up
by the sweeper and in consequence
there was a high rounded mound on
the roadway.
WAGON UPSET.
The plaintiff, in attempting to drive
across the street on a load of hay, had
an upset and falling violently upon
t." cleared space between the tracks,
sust~ined fracture Of the thigh bone
of the left leg. Various witnesses told
of the condition of the street at the
time of the accident and DR.. n. C.
Mackey, of Waverly, testified that
Stanton's injury would have permanent
i'll effects. The plaintiff was still en-
gagged in showing the dangerous con-
dition of the road when court ad-
Journed.
The defense will ask for a compul-
sorry non-suit on the grounds that
stanton tipped over at this very same
place only few days before he was
injured and under the law was guilty
of contributory negligence by his per-
formance If an act that he kr aw was
dangerous.
I. II. Burns and G. II. Pitcher are
attorneys for the plaintiff. Ex-Judge
Knapp and Hon. c. p. O'Malley, of
Willard, Warren & Knapp, and p. w.
Gallagher represent the company. City
Solicitor NJ. A. Mckinley looks after
the city's side of the defense.
Arbitrators, before whom the case
was first tried, gave Mr.. Stanton a
verdict Of $500 and from this finding
the company appealed.