The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-12-01
CASES DID NOT
GET TO JURY
NoN-su1Ts GRANTED IN THREE
ACTIONS.
Judge Edwards Decided There Was
Not Sufficient Evidence to 60 to
Jury in Case of Davis Against
Spencer-0ther Non-Suits Were in
the Cases of Stocker Against the
Borough of Jermyn and Mary Hen
~ Against Anna E. Zurfieh, Ad-
ministrator-Other Court Matters.

Judge II. M. Edwards yesterday
granted n compulsory non-sut In the
case of Thomas Davis and wife against
Susan Spencer, owner of the Green
Ridge Iron works. The plaintiffs
sought to recover damages for the
death of their son who was killed by
the bursting of fly wheel in the MILL
The case for the plaintiff was closed
at 11.30 and Attorneys Everett War
rem and Il. c. Newcomb Of counsel for
the defense asked for q non-suit for the
following reasons:
First-'That no negligence had been proven on
the part Of the defendant.
Second-That Owen Davis, son OF the plaintiffs,
who was killed. was guilty Of contribntory negli.
gcnce because he continued to work in the mill
after he knew OF the alleged imperfcctions Of the
machinery, and therefore assumed the risk in
case of accident.
Third-That there was no proper evidence OF
damage to go to the jury.
The granting of non-suit was Wig
orously opposed by Attorneys j. F.
Scragg and Joseph O'Bren, Of counsel
for the plaintiff, and the arguments
continued until about o'clock. The
court without passing on the second
and third grounds granted a non-suit
and held that the evidence was too
meager and indefinite to justify a SUBJ
mission to the jury as to the cause of
the accident and that any conclusion
they would arrive at would be guess
work. A rule was granted to show
cause why the non-suit should not be
stricken off and the matter will come
up before the entire bench at argument
court
ANOTHER NON-SUIT.
After the court opened in the MORN
ing, an application was made to Judge
Kelly for a non-suit in the case of the
borough of Jermyn against j. D. and
II. M. Stocker. 1t was shown that the
council gave property owners sixty
days in which to lay sidewalks. but
on the fifty-ninth the borough proceed
ed to do the work. Fer this reason 4
non-suit was asked and granted.
Before Judge Kelly, the case of Mary
Henry against Elizabeth Zurfeih, ad-
minstratriX of the estate of John
Shafer. was next taken up. The suit
is for $1,000, balance alleged to be due
on purchase money for lot of land
in Dunmore. The plaintiff claims in
tcrest also from Dec. 20, 1856. On that
date, Mrs. Henry conveyed to John
Shafer a lot of land on Brook street,
in Dunmore. The purchase price was
$4.S0o. The plaintiff alleges that $1,S00
Of this money was paid, but despite
frequent demands, the balance of $4,000
was never paid.
Shafer died on April II, 1898. He
died intestate and Mrs. Zurfleih was
granted letters of administration. She
now being his living representative,
the suit was brought against her. At
torneys John r. Edwards and NJ. z.
Mcdonald represent the plaintiff and
II. F.. Wells and S. B. Price the de-
fendant. After the plaintiff rested, a
non-suit was asked for by the de-
fense and granted by Judge Kelly, for
the reason that there was no evidence
to show what the real consideration
was. and even if there was, there was
no evidence to take the case out OF
the statute of limitations, the sale
having been made in 1885,
VERDICT IN DEAN CASE.
The jury in the case of Jennie F.
Dean against city of Scranton re-
turned verdict yesterday morning in
favor of the plaintiff in the sum of
S175. They agreed upon their verdict
Wednesday afternoon and sealed it.
The case was sent to the jury by
Judge Kelly on the reserved point, to
wit: Whether or not there was any
evidence in the case to submit to the
jury under which the plaintiff was en-
titled to recover.
The work of court was finished for
the week at o'clock yesterday after
noon and the jurors We're discharged.