The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-07-29

In Philadelphia yesterday the su-
perior court through President Judge
Rice, handed down decisions in two
interesting and important Lackawan-
ma cases, the Hammer insurance case
and the Standardization company
trespass suit. Judgment was reversed
in the former and affirmed in the lat
ter.
The Hammer case attracted wide
spread attention throughout the state
and particularly at Harrisburg, be-
cause of the fact that it was the first
time the insurance law of 1893 was
brought before an appellate court.
The case hinged on the reading OF
the word agent" as used in the act.
f. l.. Hammer, a lawyer, of Van Vert,
Ohio, came here to adjust claims Of
the famous Old Wayne Mutual Life
association of Indiana.
"A number of people who had deal
inks with Hammer laid their COM
plants before Alderman Millar and he,
through District Attorney Jones,
brought the matter to the attention Of
the insurance department at Harris
burg.
The offers in themselves while they
might not be all that the Good Book
would require, We're in no wise Vo-
latiOn of the law of the land, but as
the Old Wayne Ncompany had never
secured the authorization of the in
surance commissioner to do business
in Pennsylvania, Hammer was held
to be acting illegally and upon trial
at the October sessions was fined $3.50
by Judge GunSter
There was no dispute about the facts
in the case. The defense, represented
by Vosburg & Dawson, contented itself
with an effort to overthrow the prose-
cution with the contention that
agent" as intended by the act meant
a solicitor or like representative, and
that an adjustor engaged as was their
client Hammer, to act as an arbitrator
between the company and it's patrons,
could not be included within the mean
ing of the word in question.
A bond was given for the amount of
the fine and an appeal taken to the
Superior court. 1t was argued at the
January sessions in this city by Dis
trict Attorney Jones on the one side
and Messrs. Vosburg and Dawson on
the other. The interest which the state
authorities manifested in the case was
evidenced by the fact that Attorney
General John p. Elkin and Deputy F.
w. Fleitz Joined with Mr.. Jones in the
preparation of the paper book.
The decision is a notable victory
from the fact that the theory of the
defense had scarcely any adherents at
the local bar outside of the defendant 8
attorneys.
The order of the court in the case
does not indicate on what grounds the
decision was reached but it is assumed
that it was on reading of the word
agent" different to that of Judge
Gunster. The language of the order is
simply: Judgment reversed and de-
fendant ordered discharged without
day"
In the other case, the plaintiff Giles
Stanton, an Arlington farmer, sued for
damages for injuries to his back sus-
talned by falling on snow mound on
Capouse avenue thrown up by the
traction company's sweeper The city
was originally a co-defendant, being
charged with partial liability for hav-
ing contributed to the size of the
mound through property holders al
the point in question having shoveled
snow from the sidewalk into the street
but the case as far as it concerned
the city was quashed on q technicality
In attempting to cross the tracks
with a bob-sled loaded with hay, STAN
ton experienced an upset and while
engaged in righting his sled slipped
on the snow mound and falling heav-
lily hurt his back.
Just one week previous the same
Stanton with the same bob-sled with
the same kind of a load attempted tc
cross the tracks at the same identica
spot and he had an upset. On this the
defense hypothecated contributory neg.
ligence and took it's principal stand
thereon. Another line of defense was
that the company had a right to rur
! its snow sweeper along it's tracks an6
that if big mound of snow was piled
up it was the fault of the elements
and not of the trolley company.
The court and jury, however, would
not see 1t this way and on Feb 10, 1897
| Stanton was awarded a verdict o
| SSS799. The appeal was argued at the
January session.
| Executions A painst Rloeser