The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-06-02

Before Judge +. W. Gunster In court
room No. Q very interesting case
was tried yesterday. The plaintits
are Michael Denier and his WIFE,
Sarah Denier, who reside on Penn ave-
nue., where the husband is engaged i'll
business. The defendant is the Scran-
ton Railway company.
on August a. 1897, the 3-year-old son
of the plaintiffs was SO badly injured
by one of the cars of the defendant
company that he died in the Lacka-
wanna hospital a few hours later.
1t is undisputed that the boy was
crossing Penn avenue near his home
and that an inward bound Providence
car run by Enoch Evans was passing
along the track from Mulberry TO Lin
den streets. The boy had crossed the
track in safety when he collided with
bicycle ridden by Simon Ward. Thu
child was knocked down by the col
lision and fell across one Of the rails.
The plaintiffs contend that this was
some distance in front of the moving
car which, if in proper hands and
supplied with proper safety appli-
ances, could have been stopped in time
TO save the child from injury.
The defense is that the child and
bicycle rider were alongside the track
when the little fellow was knocked
down and that he fell on the rails
between the front and rear wheels of
the car. In other words. the theory
Of the defense is that the bicycle and
not the trolley company was the pri-
mary cause of the accident. The
plaintiffs are represented by AttOr-
neys Vosburg & Dawson and eX-Judge
w. H. stanton and the defendant COM
pany by Attorneys Everett Warren
and p. w. Gallagher.
WITNESSES FOR PLAINTIFF.
The witnesses who testified for the
plaintiff were Simon Ward, the man
who rode the bicycle; A. f. Rowley,
Michael Denier, father of child; Harry
Dorshimer, DIR. Fenberg, NJ. r. Con-
stant, Frederick Phinney and Sarah
Denier, mother of the child.
Mr.. Ward testified that he crossed
the car track in front of the car to
avoid a wagon which blocked the road
way. Just after he crossed the rails
he struck a little boy and knocked
him down. He was thrown from his
wheel and before he could get on his
feet and pick up the child, the car had
run him down.
Mrs. Denier said the child was in
charge of a boy named Zieman when
the accident occurred. After the
plaintiffs rested, the defense asked for
a compulsory non-Suit, on the ground
that no evidence had been produced
to show that the defendant company
was responsible for the accident.
The request for a compulsory nom
suit was refused by Judge Gunster
and the case for the defense was
opened EnOch Evans, who had charge
of the car on the day of the accident,
was the first witness. He said that
when the child was knocked down by
Ward they were both at the side of
the car. He reversed the power and
brought it to a standstill as soon as
possible. When Mr.. Evans cross-eX-
animation was concluded court ad-
adjourned for the day. The case will
probably take up the entire time of
court today.
In court room No. l yesterday morn
ing jury was sworn in the case OF
Thomas Killecn and others against thc
CarbOndale Traction company and the
city of Carbondale. The plaintiffs want
to recover damages because the de.
PENDANTS changed the grade of a street
in front of their property. After {
jury was sworn it went to CarbOndalt
in charge of Tipstaff Powell and viewed
the property which it is alleged was
injured by the defendants. The jury
returned in the afternoon. In the
meantime, another case had been called
and put on trial. The Killeen case vii
begin as soon as the former goes to the
jury.
When the Killeen jury went to Car.
bondale, another jury was sworn to try
the case of Mathilda Farhg, admins
tratrX of the estate of her husband
Frederick +. FahriG, against Eugen,
Schimpff. The plaintiff seeks to re
cover Sl,360 with interest from 1899
which she says is due her by the de
fendant on property. part of her hus
bands estate, which she sold t.
Schimpff The case will be on trial 70
the greater part Of the day. The plain
tiff is represented by Attorney c. Fl
Soper and the defendant by Attorney
G. II. Welles, j. ii. Torrey and Josepl
O'Bricn.
In the case of Michael Wrobelensk
against the borough of Archibald tn
jury yesterday returned a verdict O
$3.50 in favor of the plaintiff. 1t wa
the second trial of the case. On tn
first trial Wrobeenski was given yer
dict of 5000.