The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-11-18

The $4,000 damage case of Dr. ]. s.
Porteus against the Scranton Railway
company was given to the jury at i
o'clock last evening, after the twelve
good men and true had listened to
four hours of speech making.
When the testimony closed at noon,
Major Warren, for the defense, argued
for binding instructions, alleging that
the plaintiff was palpably guilty of
contributory negligence by his own
admission that he drove slowly along
the track a distance of 10 feet after
the last time he says he looked around
to see If a car was coming. Court
would not however. grant the motion.
At the opening of court DR.. Wehlau
was recalled on cross-examination.
He clung to his statement made on di-
rect examination that while the text
writers hold that a small percentage
of locomotor ataXia cases result from
violence, he never heard of such a case
in his experience. He also persisted
in his statement that he did not be-
lieve DR.. Porteus was afflicted with
locomotor ataxia.
OTHER EXPERTS HEARD.
DR.. N. Y. Leet, DR.. c. L. Frey and
DR.. j. F. Grant, the last two occulists,
also believed DR.. Porteus mistaken in
the diagnosis of his own case.
Attorney James +. Watkins, of Tay-
lor, was called by the defense to rebut
the testimony of witnesses for the
plaintiff who stated that Dr. Porteus'
physical experience has undergone q
decided change for the worse since the
time of the accident. Mr.. Watkins
believes he looks as we'll today az he
did four years ago.
Motorman Bragg was recalled and
denied the remarks which Homer War
ner says he made Immediately after
the collision to the effect that every
time there is a green motorman there
is a wreck.
Major Warren began the closing ad-
dress for the defense shortly after 9
O'Clock and spoke for an hour and n
half. George NJ. Watson summed up
for the defense, taking the same length
of time that was consumed by the
plaintiff. Judge Savidge entered upon
his charge at o'clock and an hour
later he submitted the case to the
jury.
The case of Margaret O'Connor,
Catherine Sullivan and Patrick Sulli-
van against the city of Scranton was
given to the jury by Judge Edwards
at IL o'clock, but at adjourning time
no agreement had been reached.
WANTED BINDING INSTRUCTIONS
City Solicitor Vosburg argued for
binding instructions, holding that there
is no law holding a municipality liable
for damages such as is claimed in
this case, where the plaintiffs aver that
their properties were lessened in value
| by reason of the end of the street on
which they are located having been
narrowed. Court, however could not
see the matter in the same light as the
city solicitor and the case went to the
jury.
Judge Edwards is now engaged In
trying the case of Mary, John, Peter,
Patrick and Maggie REILLY and Mary
j. Cawley against the borough Of Dun
more. The plaintiffs are Joint owners
of property on Willow street which
1t is alleged was damaged by water
caused to overflow from the street
through grading operations conducted
by the borough and by the borough re-
moving a private pipe drain which
the plaintiffs in conjunction with their
neighbors had constructed for the pur-
pose Of carrying away the overflow of
surface water
Borough Solicitor John G. McAskie
and City Solicitor A. A. Vosburg are
counsel for the borough. The plain
tiffs are represented by Hon. NJ. e.
Mcdonald and Attorney John r. Ed
wards. The case will likely consume
all of this morning.