The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-11-28

quick and calculating eye he was far
from being of the proportions. either
perpendcularly or horizontally, of the
fair and shapely plaintiff. Furthermore,
according to the astutc city solicitors
aforesaid quick and calculating eye.
Johnnie exceeded In breadth of beam
the diameter OF the manholc In u,ies-
ton.
SIMPLE EXPERIMENT.
a simple experiment proved Mr.. Nos-
burg's view Il correct one. John was
taken to the scene of the alleged acct
dent attired in II suit of cast-off
clothes. and dropped into the hole, feet
foremost. after the manner of the de-
scent which Miss Dean is alleged to
have pursued in her previous and in
voluntary similar experience. But John
would not down. City Engineer Phil
lips. Deputy Controller Hartley and
City Solicitor Nosburg pushed and
iammed on the heroic John. but his
hips could not be made to enter the
opening. 1t was clearly established
that John or any one not of lesser di-
mensions at the point of greatest
dimension could not fall into that hole
and sink to the arm-pits.
troller was placed on the stand and
told of the experiment. In summing UP
for the defense, City Solicitor Nosburg
laid particular stress upon Mr.. How
ellis testimony and especially called the
attention of the jurors to the fact that
John was much smaller than the pa n
tiff. The jurors evidently placed much
weight on the expedient, for one and
all were busy during the remainder OF
the trial in sizing up and comparing
the plaintiff and the cty's star wit
ness. The spectators did likewise, and
in consequence there were comments.
WENT TO THE JURY.
The city practically won the case.
When the testimony was all in. Mr..
Nosburg pointed out t7lat the plaintiff
had failed to show that the city owned
the street at the time of the accident
or even If 1t had, that any notice of
the unprotected condition of the man.
hole had been brought home to It,.
Judge Kelly decided to let the case
go to the jury, and make the verdict
subject to IL reserved law point as to
whether or not there was evidence suf-
ficient to warrant its being sent to the
jury. The court announced that it was
prompted IN a measure to this course
by the fact that the plaintiff lives q
great distance away from here, Nor
ristown, Blair county, and that it would
be best to have the case tried out, as
a matter of economy to her.
The jury retired just beore adjourn
ing time. The plaintiff was represented
by Attorney l.. p. Wedeman.
The case of Bessie Judge against
Carter & co. has been settled and q
verdict is to be taken this morning.
Miss Judge is the New York girl
who was struck on the head by a large
piece of plate glass, which fell from
the top floor of the Carter & Kennedy
building while she was passing under
naath Joseph O'Erien represents the
plaintiff and S. u. Price and A. d.
Dean the defendants.
An agreement was filed yesterday by
John f. Scrasg. attorney for the libel.
liant, and George w. Bealc. attorney
for the respondent. withdrawing the
demand for jury trial in the divorce
case of l.. j. Smith against Mabel a.
Smith, and leaving the matter to b.
disposed of by the court
RULE FOR NEW TRIAL.
y rule for a new trial was secured
by Attorney George d. Taylor in the
case of G. r. Barber against j. Beck
with and others. in which a verdict for
the plaintiff in the sum of $202.5O was
directed to enter last Friday because
of the appearance of the defend
ant. The correct name of the defend
ant is Beckw0rth. and not BeckWith.
as enormously printed, and this, with
other things. resulted in its escaping
his attention..
The case of Michael Finn against w.
Swallow was continued by agreement.
The case of Lewis WeisberS"r
against the New York. Ontario and
Western Railroad company, and the
case of Thomas w. Davis and others
against Susan Spencer and others are
among those set for trial today.