The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-01-12

OcAcluuhtS "cIc Ou AIldi "Ach |
Court Adjourned-verdict Directed |
in the Hugg Case.
Two Old Forge township cases and |
the Connor trespass case against the F,
scranton Traction company were on
trial in common pleas court when
court adjourned for the day yesterday.
The closing arguments in the Connor
case have been made and when court
opens this morning Judge II. w. Arch
bald will charge the jury.
1t Is one of the most interesting trcs-
rass cases tried in this county for
some time and involves IA question
that Is new to the courts. 1t liz this:
Is trolley company liable for dam
ages when passenger. frightened by
a flash from controller box, rushes
out of Il car to injury and death?
The answer to this Is to be made In
the light of the fact that SO far as
has been shown in this case the ap-
plianceS in the car were the best
known and ware in good working or te.
at the time of the flash. 1t was also
shown that these flashes were of fire.
qucnt occurrence and that electrical
engineers have as yet been unable to
devise any means of overc lming them.
When court opened vest ,rday morn
ing \. X. Hignet who has been a mo-
torman for the company Ior a number
of years, was put on the stand. He
testified to the fact that flashes from
the controller box were of frequent oc-
currence and not at all dangerous.
The flame from these flashes never ex-
tended beyond few inches from the
controller box.
TESTIMONY EXCLUDED.
Alfred Roper. another of the COM
pany'S motOrmen, gave similar testi-
mony. Mrs. Catherine Williams WAS
called with a view to showing that
O'Boyle took beer and whiskey with
him to Lake Ariel on the day of the
accident, but her evidence was not al
lowed by the Judge.
George Buxton. an engineer for the
Suburban Electric Light company. and
Daniel Herflicker testified that they
attended to O'Boyle Immediately after
the accident. He vomiteu and the
matter threw off a strong odor of IL
quor. The defense then rested and in
rebuttal Peter Manlcy and Mary Dean
"'i' '"ii't' iitN "Nit WIN " IppS lc
at Lake Ariel on the day of the acci-
dent and did not leave him until about
9.45 that night. They parted with him
at Dunmore and he left them to get a
street car for Scranton. That was
about three-quarters of an hour before
the accident. Up to the time he left
them O'Boyle had not drank anything
of an intoxicating nature. That closA1
the testimony and Major Everett Wa
rem made the argument to the jury for
the defense. Attorney I. II. Burns
closed for the plaintiff. He concluded
at 4.3O and court adjourned until this
morning, when Judge Archibald will de-
liver his charge.
In the main court room yesterday
morning the trial of the case Of the
North End Lumber company against
DR.. ]. Grifiiths. of Taylor, was re-
sumed. DR.. GritIiths awarded the con-
| tract for the erection of q house at
Taylor, the lumber for which was fur
nished by the plaintiff company. 1t
was set forth by the plaintiffs wit
| nesses that DR.. Griffiths agreed to be
| responsible for the payment Of the
| lumber in the house. On his part, DR..
| Gritiiths denied that he ever had a
conversat ton with officers of the plain
| tiff company in which he agreed to
| pay for the lumber put In his house.
! The case was given to the jury about
go p m. and an hour later a verdict
| in favor of the defendant was re-
| turned.
OLD FORGE CASE.
The next case called was that OF
| Duncan McMurtric, assigned to Bit
tenbendcr & Company, against Old
Forge township. Attorneys Il. +.
| Wells and George S. Horn appear for
the plaintiff and Attorneys John II.
! Bonner and II. NJ. Hannah for the de-
| PENDANTS.
| McMurtrie was given a contract for
the construction of a bridge erected
by Old Forge township over the Lack
awanna river in 1897. He testified that
he did the work under the direction of
the supervisors of the township ani
| that he also did extra WORK in the con-
struction of wing walls, his total claim
amounting to s1,955.44. The ground on
which the township Is contesting the
| claim has not yet been stated.
Down in the arbitration room Judge
| Savidge resumed yesterday morning
| the trial of the case of Fred Hugg
against Hagen e. Son. After the evil
| dence was all in he directed a verdict
for the defendant, on the ground that
| the lease was a conditional sale and
not bailment and that therefore the
plaintiff could not recover.
The action of William Stoddard
| against the township of Old Forge
school district was the next case called
before Judge Savidge and was on trial
when court adjourned. Attorney W.
S. Diehl appears for the defendant
and Attorney c. Comegys for the
plaintiff
| Ziba Van Loon was given the con.
| tract for erecting the high school in
Old Forge and claims that $3,Oil.2S,
with interest. is due him. Part of this
is a balance in the contract price and
the remainder Is for extra work. The
school district disputes the bill for ex-
| tras entirely and as to the balance
alleged to be due on the contract sa:,
| that it was all or nearly all paid by
| orders on the district that Van Loon
gave to various persons while the work
on the building was in progress.
| ASSIGNED TO STODDARD.
Van Looms claim was assigned 10
Stoddard and thus he becomes plain
tiff in the case. When court ad-
journed evidence on the part of the
plaintiff was still being heard.