The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-11-30

Attorney r. ]. Murray, representing
Julia Gogolin, the widow, and Her
man, August and Mary Gogolin, the
children of Michael Gogolin, who was
Filled in the ruins of the Young Mems
CT ristian association building, Feb. 5,
1898, tie morning after the fire, filed q
Ceclarat tion yesterday in a suit for $685.
600 damages against the city of Scran-
ton and A. Il. Dunning, former street
| commissioner.
Gogolin, 1t will be remembered, was
employed on the street commissioners
gang, and was sent, it is alleged into
the ruins of the building to help clear
away the debris. While thus engaged
side wall that the building inspector
mad condemned, tumbed in upon the
workmen and killed him. The decla-
ration in substance is as follows:
The defendant city through Abra-
nam B. Dunning, Jr., whilst he was
the street commissioner as aforesaid,
not regarding his duty in this behalf
and well knowing the premises. care
lessiy, negligently and in total dis
regard of the rights of his employees,
| allowed and suffered certain unsafe,
dangerous and condemned fire blick
wall to stand. to wit, the brick wall
called or known as the fire wall then
standing at the northwesterly side of
the Young Mems Christian association
property as aforesaid. and extending
from and adjacent to the southwesterly
| wall OF the Powell or "Wymbs"
building, backwards from the f. mt
building line thirty feet, more or less.
and upwards from the foundation wall
ntty feet, more or less; and. the said
plaintiff saith that nevertheless then
ana there, to w.t. on the night Of the
fourth Of February, and afterwa ris on
the morning OF the fifth of February,
IN the year aforesaid, the defendants,
the city of Scranton and Abraham d.
Dunning, Jr., in default of he self and
himself, and for want of due care and
attention to duty in that behalf and
instead of razing said loose, unsafe,
dangerous and condemned wall, and
without placing or causing to be placed
any props or support against said wall,
and without giving any warning of ita
loose unsafe and dangerous condition,
to show that the same WAS so there as
aforesaid, did wronCfully, wickedly,
carelessly, negligently and unskillfully
keep and continue thereat the fire or
brick wall as aforesaid, though the
building inspector of the city as aforc-
said had on the fifty day of February
in the year aforesaid, examined tested
and condemned -he aforesaid wall aS
loose and dangerous and gave notice
to the same effect on the day as afore-
said to the city of Scranton and to
Abraham B. Dunning, Jr., as afore-
said.
The city of Scranton, by Abraham b.
Dunning, Jr.. as aforesaid, we'll know
ing the premises. disregar3ing his duty
in this behalf, conducted himself care
lessly, negligently and unskillfully Ia
ordering, directing and assigning street
employees to enter into the cellar and
ruins of the fire as aforesaid; by
means and in consequence of which
said carelessness, negligence and un-
skillfullneSS the city of Scranton as
aforesaid, Abraham Il. Dunning, Jr..
as aforesaid, and in default of herself
and himself, and for want of due care
and attention to duty in that behalf
afterwards, to wit, on the morning of
the said fifth day of February. in the
year aforesaid, at about o'clock a. m,
in the city and county aforesaid, Mich
ael Gogolin, deceased, the husband Of
said plaintiff, while in the discharges
of his lawful business as an employe
of the street department of the city Of
Scranton, and of Abraham b. Dunning.
Jr., as aforesaid, and while working
in the ruins of the said building in the
northeastern corner of the cellar about
twenty feet from the archCd entrance
that led from the main building, or
from that part where the baths were
located. to the gymnasium property
and while not being aware of the dan
ger that menaCed him by working be-
meath the aforesaid loose. bulging, un-
safe and condemned wall, and while
using due care and diligence in the
performance of instructions given as
aforesaid. and without the least warm
ing. was caught by the falling of the
aforesaid brick or fire wall, and by
reason of the deadly weight of certain
heaps. piles and mounds of bricks,
rlaster and rubbish the result of the
falling Of the wall as aforesaid, was
thereby then and there overpowered
and when afterwards and some min
utes before o'clock on the day last
aforesaid, his body was recovered, his
left arm was torn off near the shoulder.
the face bruised and cut, the neck
broken, the ribs broken and fractured,
and life totally extinct