The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-01-11

structcd by tool shanty, and limbs OF
trees and shrubbery skirting the rail-
way.
He AYERS that he stopped on the
bridge and surveyed the track up and
down and listened for approaching
trains. Neither seeing nor hearing any
train he drove down the hill and was
about to cross the track when a long
train of cars with the engine pushing
them from behind bore down upon
him. lie turned his team quickly to the
right but not in time to wholly escape
the train. The corner OF the first car
struck the front wheel of his wagon
and grazed one of the horses, over
turning the wagon and throwing him
heavily to the ground.
ALLEGATION OF DEFENSE.
The defense alleged contributory
negligence, concluding that Wojochoski
should have stopped at the edge OF
the railroad to stop. look and listen."
instead of taking this required pre-
caution at an unreasonable distance
back from the railroad.
AS an evidence of conscious liability
on the part of the company evidence
was presented at the trial in the court
below to the effect that four men were
employed for three days iNmediately
succeeding the accident in clearing
away the brush and trees skirting the
track and which it is alleged made it
impossible to see an approaching train
from the north without getting direct
ly on the crossing.
The case of itself was very dry but
its presentation by Hon. John NJ.
Garman for the plaintiff and A. II.
McClintock and Hon. II. w. Palmer
for the company, made it one of the
most interesting features of the session
thus far. The quips and good natured
bantering Of the opposing counsel
more than once made the court relax
its austerty and join in the general
laughter.
The conclusion of the arguments in
the case of Schwab against Bickel
took UP most of the first hour of the
morning session. Mr.. Strauss, who
argued against the defendant appel
ants claim of squatter sovereignty
contended that the tenants of the
Beckel property used the narrow pas
| sageway in question by the permission
and with the knowledge of the orig
inal owner j. d. l.. Harvey, In conse-
quence of which there was no adverse
| possession. The little "passageway in
! question" was used principally at
| night time. 1t led to the premises of a
| Miss Bonnie Reed.
At the opening of court Charles r.
| Little was admitted on motion Of j.
| H. Torrev, and Ernest X. Little, of
| Wilkes Barre, on motion of John Nc
! Gahren.
SOME OTHER CASES.
Other cases were disposed of as fol-
| lows:
| ol-Prossed--Borough of Dorranceton,
| appellant, against the WilKes-Darre Ath-
| letic Park company, common pleas Lu-
2erne county; Ida Case Brown age inst
| Thomas Atkinson, executor, appellant,
and James Martin, sheriff, common pleas,
| Luzerne county; Hagerstown Machine
| company, to the use of William krick-
| baum, appellant, against John .,.,,,ry,
| common pleas, Columbia county.
observation-disclosures ex. REL,
| Anna Sackett against William w. Sack
cit, appellant, quarter sessions, Luzerne
| county.
Submitted Washington lie Grand and
| William Dawson against the Wilkes
Barre and Wyoming Valley Traction
company, appellant, common pleas, Lu-
| Zerne county.
| The first case to be called this morn
| ing is Giles Stanton against the Scran-
ton Traction company, appellant, c. p,
Lackawanna county. EX-Judge Will
lard, as representative of the appel
liant will be heard arguing before his
former brother judges.