The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-01-13

The trespass case of Patrick Connor,
guardian, against the Scranton Trac-
ton company was given to the jury
yesterday morning and in an hour it
returned a verdict in favor of the de-
fendant company.
In charging the jury, Judge Arch
bald said it would be their duty to find
whether or not the act of O'Boyle In
rushing from the car when the flash
came from the controller box was the
act of prudent man. The outcome o:
the case was awaited with a good deal
of interest. because this was the first
case, so far as known, in which such a
state of facts were under considera-
tion. The case was tried in an excep-
tionallv able manner, and the verdict
is a notable victory for Major Everett
Warren. who conducted the case for
the company. He was assisted by
Attorney Charles =. O'Maley.
The case of A. II. Turner against l..
T. Franklin was called for trial as soon
as the Connor case went to the jury.
Franklin owned a milk route in this
city, which he sold to Turner for 5000.
The latter did not take charge of the
route at once and Franklin continued
to serve the customers. Then Turner
alleges he had a conversation with
Franklin. in which it was agreed that
the sale should be declared null and
void. and the $500 should be returned.
Turner never received the money and
brought suit.
FRANKLIN'S SIDE OF CASE.
Franklin said he sold the route tn
Turner and was ready and willing to
turn it over to him at any time. He
notified Turner several times to come
and take possession. and as this was
not done. he sold it to the Lackawanna
Dairy company. He denied that he ever
agreed with Turner that the sale should
be declared null and void. The jury re-
turned verdict in favor of Turner for
$32i the full amount of the claim with
interest.
In the case of Mary McNulty, ad-
ministratriX, against the National Life
insurance company verdict was di-
rocted in favor of the plaintiff for 81
2ii.5O, subject to this reserved point:
whether it having been shown by the
evidence that on July :. 1899, the Ma
tional Life Insurance company of Con-
the Superior court Of that state at
Hartford. Conn, this action and the
right of the plaintiff to recover therein
mas not ahated by virtue of that de-
cree"
In other words, it is left for the court
to say whether or not the dissolution
OF this company, after it was regularly
ordered in court to answer the action
of Mary McNulty, made any difference
with the standing of the company in
the case.
OLD FORGE CASE.
Before Judge II. NJ. Edwards in the
main court room the case of Duncan
McMurtric, assigned to Hittenbender &.
Co., against Old Forge township was
on trial all day. The defense endeav-
ored to show that the work was not
done in a good and workmanlike man
ner and that instead of taking down
the old bridge, SO that it might be sold,
he blew it up with dynamite and rem
dercd IT valucless, save as old iron. The
testimony did not come up to the offer
of the defense with reference to these
matters and the evidence was excluded.
The amount the defendant is suing for
is $l,955.4i with interest. The case will
not be given to the jury until this
morning.
The other Old Forge case, that of
William Stoddard against the township
of Old Forge school district, was also
on trial all day. 1t consumed the time
of Judge Savidge and a jury in court
room No. 5.
No defense was made by the school
board to the claim of $2,50o2 20 which
1t is alleged is due on the contract fo-
erecting the high school in Old Forge.
1t was contended, however. that the
extras were unwarranted and unau-
thOrized and that unwarranted by the
board and moreover were not furnished
by the contractor Ziba Van Loon,
who assigned his claim to Stoddard,
the plaintiff.
JUDGES DIRECTIONS.
In his verdict Judge Savidge direct
ed a verdict for the plaintiff for the
amount due on the contract. which,
with interest, is S2,19o.10, and sent the
jury out to pass upon the question of
extras. The amount of the verdict
is To withheld until the claim of Haupt
IL SON. of Wilkes Barre, for 81 900. is
disposed of. Van Loon gave an order
To the firm for $1,000 and this they
hold the school district for. Unless
some settlement is reached an action will
be begun which will have for it's pur-
pose the diverting of 81, 900 of the ver-
diet to Haupt & Son. The jury retired
at . o'cloch to deliberate and will re-
turn it's verdict this morning,