The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-05-02


That Will Be of General Interest
Hereabouts.
Copies Of the six opinions in Lacka-
wanna cases handed down by the su-
perior court in Pittsburg last week,
were received yesterday by Prothono-
tary Copeland.
The opinion in the Rhule case, which
is of quite general interest because of
the large number of mine accidental
funds in this region, is printed in full
and follows
The law applicable to this case is correctly
stated in the opinion OF the learned trial judge
in sustaining the exceptions TO the first report
Of the referee
William II. Rhule as a member Of the associa.
tion bound by the provisions in the by
laws, which are as follows: ARTICLE ). Any
member neglccting to pay his assessment on
pay day when called, must pay it at the hrst
meeting of the fund thereafter; failure on his
part to do so, he shall not be entitled to re-
cei,e any benefits from the fuud and any mem.
Der neglecting to pay his assessments within
three months shall be struck of the roll of
membership" Associations of the Ciass OF this
defendant are highly mcritorious and their power
to make reasonable regulations for the man
agCment of their affairs is unquestoned In or
der to accomplish the purpose Of their creation
we are to take the bylaws as the association
has made them and apply them without regard
to the possible hardship Of a particular case.
BY becoming a member of the association he
agreed with it and its membership that all his
rights therein subject to the exercise OF
the power to enforce its bylaws, provided they
were reasonable. Considering the aim and pur-
pose Of this association with lts limited mem.
bcrship and resources, the bylaw regulating the
manner of giving notice of assessments is not
unreasonable. personal service or mailing
notices would entail considerable expense which
was evidently intended to be avoided by rcquir-
ing the assessment to be paid 'on pay day
when called "at the first meeting Of the
fund thereafter else the member 50 in default
shall not be entitled to receive any benefits"
This plain and efficient method OF giving notice
to the employees OF a single colliery had many
economic advantages and the procedure was so
mmstakablc that there was no excuse for even
a sick member to remain ingnoranCe of his
standing in the association. 1t was a regretablc
oversight on the part of William II. Rhule to
permit his standing to be so impaired, but the
rights Of the other members can be conserved
only by the enforcement of the bylaws to
which he was party: lamill VS. Supreme
council, 1872 PA. 543; Dickinson vs.. o. NJ. of NJ.
W, 1j9 Pa. 25S; Life Insurance company VS..
bInlidln, no Ia. JOJ, InilllpS vs., Ala society,
Pa, Superior court 1j1; Lydon vs.. Police Fund
association Pa. Superior court 2jl; Jacobs
VS.. Aid society, Pa. Superior court %.
The judgment is affirmed.
M'HALE CASE.
In the case of Thomas McHale
against the borough of Throop, in
which tie plaintiff was awarded a 5000
verdict for damages done his property
by water from a broken fire hydrant,
Judge Orlady says: TT matters not
whether the borough erected the hy-
drant or whether ii was ON the street
when the borough was carved out os
Dickson City; it was there on a pub
lie highway and subject to its author
ity. The evidence clearly shows that
whether the president of the council
exceeded his authority or acted with
out any, in making the ditch to carry
away the escaping water from the
broken hydrant, the service rendered
under mis- direction was approved by
council, and was paid for out of the
public funds. The borough
was not responsible for the damage
that was caused by the breaking of
the hydrant but after notice. or it's
equivalent, of the facts, the borough
was in duty bound to regard it as a
source of danger, and was responsible
for the damages which directly result
ed therefrom." The Judgment was
affirmed
Judge w. d. Porter wrote the opin-
ion in the case of the city of Scranton
against James Manley, in which the
local court was reversed in its ruling
that Notwithstanding a defective SER
vice of the sheriff on 4 paving lien the
Judgment should not be stricken off,
because the defendant was guilty Of
great laches in allowing six years TO
pass before proceeding 10 take advan-
tage Of the alleged defective return.
In his opinion, Judge Porter says:
FOUNDED ON STATUTE.
Claims of this character are found
cd on statute and the remedies pro-
vided ny the statutes must be strictly
observed. The writ was sery-
ed bur, nine days before the return
day uer days is required) and was
manifceuy defectiye.% Such a
judgment ought 20 be stricken off on
motion unless it, in some manner, be
made to 2Ppear that the defendant has
waived the irreEularity. In proceed
ings OF This character it is not neces-
saTy 10 allege Il defense upon the mer-
its. The city permitted the irregular
! judgment to lie dormant anG the chill
dren o. James Manley were not aware
Of its existence. When the writ was
! served less lh9n ten days before the
raturn day the defendant had no right
! g presume n judgment would be ir-
| regularly entered.
"Iaches is nOt to be imputed to a
| party from mere lapse Of time alone.
| As the defendants In this case are not
! shown To have had any knowledge of
! the judgment, ana there was nothing
! to put th-m on inquiry; as the father
| is shown 10 have been dead before the
! writ issued, and the children were and
! are minors. ana the rights Of no inno-
| cent llird parties interVened, we are
of opinion that they are not estopped
from asserting the invalidity of the
| judgment.
The opinion in the case of George G..
| also written by Judge w. ID. Porter.
| The question 1t issue was whether or
not a parol agreement limiting the
| money Winans was to be responsible
| for N a deal into which they Joined
| under a written agreement was an at
| tempt To modify d contract in writing
! by parol. Judge Porter rules that
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