The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-01-12

Attorney l. II. Ilrns, as counsel for
Stanton
The plaintiff is a farmer living in
South Abingdon. In February, 1895, i'm
attempting TO drive diagonally across
the street car track on Capouse ave-
nue. with a hob. sled loaded with hav,
his sled overturned While Tighting
the vehicle he slipped on the slanting
snow bank thrown up by the COM
pany's snow sweeper and broke Ills
hip. He sued the cOmpnnJ and the
city for damages AMI secured a YER
dict OF $500 against the company the
jury generating the city from liabil-
ity.
CITY INVOLVED.
The company alleged at the trial Of
the case that Stanton was guilty of
contributory negligence and proved
that four days before the accident he
attempted to drive across the street at
identically the same point and expert
enced an upset. He made answer 20
this by alleging that the first upset
was due to his hay being loaded un-
evenly on the sled. The company
further contended that the city was
the responsible party. The abutting
property holders had thrown the snow
from their sidewalks into the street,
making bank along the curb. This
narrowed the driveway and in cross
ing the track Stanton's team, being
compelled, by this obstacle along the
curb. To make short turn, upset the
sled and caused the trouble which led
up to the accident.
Judge Mcpherson in his charge
ignored the alleged culpability of the
city. He said the condition of the
street was the DroXimate cause of the
accident. but failed to tell the jury
that the abutting property holders
were even partly responsible for the
condition Of the street.
This, Judge Willard argued, was un-
fair and entitled the company to a new
trial. He also contended that Stanton
was guilty of contributory negligence,
having failed to introduce any testi-
mony whatever to show that he exer-
cised due care while moving about the
slippery snow bank.
MIR. Burns argued that the question
OF the city's liability had been sub
| mitted to the jury and the city had
been eXCulpated.
This was Judge Willard's first ap-
pearance before his former brethren of
the Superior bench and the first in
stance of an eX-judge of that court
| pleading before II as an attorney
The case Of n. S. Drum and r. c.
| Drum, appellants, against Jacob Up
! llnger was argued by Abner Smith for
| the appellants and George II. Trout
man for the defense. 1t is an appeal
from Judge Woodward's decision dis
charging the rule to strike off an ap-
! peal from the award of arbitrators
| which was alleged to be irregular be-
cause of all the costs not having been
! paid.
EXCEPTION TO LCzERNE COURT
Mr.. Smith also argued for ]. c.
Powell, appellant, against w. c. Gay
| ley in which exception is taken to the
action of the Luzerne courts in ap-
| proving an appeal from an award OF
! arbitrators taken after a confession OF
| judgment before the arbitrators. It
was contended by Mr.. Smith that the
action in question was virtually an ap-
! peal from the judgment of a court to
! the court from which the appeal was
taken. Judge Rice said the court did
not care to hear the opposite side, rep
resented by Attorney NJ. ]. Mulhall
+. F. McGovern, for the appellant
and Frank A. McGuigan, for the plain
tiff society, argued the case of the Sons
of Poland against NJ. Filipiak, Ylaning
Bonn and Rev. b. Dembenski rector,
| appellant an appeal from the common
pleas of LuZerne county. The society
loaned 1925 to the building fund of st.
Stanislaus church in 1893. Rev. B,
Dembenski signed a judgment note for
| that amount, as rector of the church.
and the other two defendants signed
as sureties Four years later Rev. Mr.
Dembenski was transferred to Scran-
ton. The society then proceeded to
collect on its judgment note and Sc
cured execution. Rev. Dembenski ap-
pealed on the ground that he should
not be held, as he simply signed as
representative of the congregation, and
that some equitable rule should be in
terposed to protect him. 1t was also
pointed out that the Sons of Poland
is society composed of members Of
the church.
Mr. McGuigan claimed that the pow-
ers of equity should not be exercised
in this case. alleging among other
things that the money in question is
now in Rev. Mr.. Dembenski's pockets.
Mr.. McGuigan also cited the fact that
the society and Rev. Dembenski we'll
knew they could not bond the church
because for any money borrowed ex-
cept through the legal channel, name
ly. the bishop of the diocese, who is
trustee for all churches in his diocese.
At adjourning time court was listen
ing to arguments in the Carbon county
case of F. ]. Kistler and others against
c. o. Scheirer, appellant. 1t is an ef-
fort to set aside judgment obtained
under duress. Horace Heydt, of the
firm of Freyman, Heydt & Nothstein,
of Mauch Chunk, represents the plain
tiffs, and James S. Biery, OF Allen
town. and n. NJ. Ballet OF the firm Of
Ballet & Seidle, of LehightOn, repre-
sent the appellant.