The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-03-13

wife-The John Weber Will.
Five decisions in Lackawanna cases
were handed down yesterday by the
Supreme court in Philadelphia. In the
case of Fahrig against Schimpff, q
petition to advance the time for the
hearing was refused. In the cases of
Kellow against the City of Scranton,
Clark against Dawson, York against
Weber and Keogh and others against
the Pittston and Scranton Railway
the judgment of the local
court was affirmed.
The last named case Is one tried by
the late Judge Gunster. The plaintiffs
in the case are citizens Of the newly
created Old Forge borough. They, or
a number of them, in 1894 sought
charter for street railway line
through Old Forge township. Other
parties seeking similar rights opposed
them and the matter was hung up until
1898, when Lane 8. Hart and w. II.
Metzger, of Harrisburg. and Charles
H. Mullen. James A. Steese and D. A.
Dunleavy. of Mt. Holly Springs, APP
Piled for and secured the coveted
the Pittston and Scranton Railway
company.
Last July, when they undertook to
build the road, the plaintiffs filed bill
in equity to restrain them, alleging
that the Pittston and Scranton Rail-
way company was practically the
Scranton Railway company; that the
defendant company finding it impos-
sible to secure a right Of way while the
municipality was a township, under
which form of government the citizens
whose properties are affected must give
the permission, instigated a movement
to have the township made borough,
under which government the council
grants the right of way; that having
secured borough government, the
franchise was put through council by
fraud; that the action of council was
improvident and unlawful and injurl-
Gus to the interests of the community:
that the legality of the election Of the
councilmen was in question and that
the ordinance was technically illegal.
PRELIMINARY INJUNCTION.
The matter came to be heard before
Judge Gunster and he granted an in
junction on the ground that the action
Of the councilmen in accepting pass
books on the proposed road was i'm
proper.
Subsequently, the pass books were re-
turned. new ordinance was passed
and court granted a modification Of
the injunction permitting the con-
struction of the road. From this the
appeal was taken and this appeal the
supreme court refuses to sustain.
Willard, Warren & Knapp represented
the company. H. M. Hannah and J..
r. McCollum were attorneys for the
plaintiff.
The suit of Clark against Dawson Is
for a one-quarter interest in $3.50 in
surance drawn upon a policy of the
late j. NJ. c. Ranck. When the policy
was issued. Mar. "a, 1877, the insured
had wife and four children. His
wife and two of the children preceded
him in death. He married again and
at his death was survived by his
second wife and the two children Of
the first marriage.
The beneficiary clause of the policy
read that the company assured the life
of j. NJ. G. Ranck "for the benefit OF
his wife, Emma d. Ranck and his two
children-without naming them-agree-
ing to pay the said sum to the said
beneficiary or their executors, adminis-
traitors or assigns, and in case Of the
death of the said beneficiary before or
at the death of the person whose life
is assured. the amount of the assur-
ance shall be payable at maturity
to the executors, administrators or as
signs Of the said person whose life
is assured"
G. w. Dawson, executor of the
estate, paid one half the money to the
two children. The other half was
claimed by the estate, while George
r. Clark, guardian of one of the chill
dren. John H. Ranck. opposed this de-
cision. alleging it should go to the two
surviving children, and claiming half
Of the half for his ward.
Judge Archibald decided that Mr..
Clark's claim was right and the su-
preme court affirms it. b. F. Tinkham
| was attorney for Mr.. Clark and A. A.
Vosburg for Mr.. Dawson. The pro-
ceeding was an amicable one in the
form of case-stated. The use Of the
| word beneficiary" in the singular
which was a controlling feature of the
| case, was claimed by Judge Archibald
to be a clerical mistake.
KELLOW AGAINST CITY.
city of Scranton was an action in tres
pass for personal injury sustained by
| falling on a defective sidewalk on West
Lackawanna avenue, in front Of the
Cassesse property. March 8, 1897. She
| was awarded $4,000 damages by NJ. J.
Martin, referee. The city appealed. but
| the finding was affirmed. John j
| Murphy and /. II. Burns represented
| the plaintiff.
I The case of York against Weber IL
the suit growing out of the will Of the
late John Weber, ST., of Taylor. Ths
plaintiff, Minnie Weber-York, claimed
that she was the residuary legatee
The other heirs alleged she was be-
queathed only $500. Failure to pune
tuate caused the dispute.
| The clause in question read as FOL
lows: to my dear wife Tracit
| Weber, for life and after her death Il
my granddaughter Minnie Weber O.
Hyde Park said county and state
give and bequeath the sum OF 5000 Il
be paid to her at the age Of q II living
at that time" The will was draw
by local justice Of the peace.
Judge Archibald refused to read tn,
will as the plaintiff read 1t and directed
judgment for the defendant. Thii
Judgment stands. John #. Scragg an;
Hon. w. II. Jessup represented tn
plaintiff. Hon. H. A. Knapp, Josepl
O'Brien and G.. Comegys were the de
PENDANTS attorneys.