The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-11-22

In Judge Kelly's court yesterday was
begun the suit of 4. Bociansky against
the Scranton Railway company. one
of the two $4,000 damage suits grow
ing out of the accident on North
Washington avenue hill. May rs, 1897,
when the plaintiffs 3-year-old. son
John. and a nighbor's 5-year-old boy.
Joe Iamieda, were killed by Il trolley
car while coasting down the hill in
toy express wagon.
Nosburg & Dawson represent the
plaintiff. and Major Everett Warren
and Hon. Charles +. O'Malley, of Will
lard Warren e Knapp, appeared for
the company.
A number of children were playing
on the street at that point about $50
o'clock in the evening. The Bociansky
! and Xameda boys were in an express
| wagon and started to coast down the
| Hill about the same time that a Green
| Ridge Suburban car, i'm charge of
| Motorman John O'Donnell, began the
descent.
The wagon went faster than the car,
| it appears, and when quarter way
down the hill, passed it out. Sudden
| ly the front wheels of the little wagon
struck Il stone. which caused it to
| swcrve towards the track, and the
next instant one of the wheels sank
| into a broken place in the asphalt and
overturning the wagon, threw the
children directly in front of the car
| They We're killed by being rolled along
| by the pilot board.
COULD NOT STOP IN TIME.
The motorman says he saw the
| wagon when it was abreast of the
front platform of the car and that a
man who was standing beside him
called to him to look out that he did
not run over the children. He was
applying the brake when the wagon
suddenly swerved in towards the track
! overturned and threw the children un-
| der the fender. 1t was impossible for
| him to stop the car in time to pre-
| vent the accident
| The plaintiff claims that the motor
man would have had time to stop the
| car if he had been attending to his
| business. instead of chatting with a
| passenger as it is alleged. he was do
ing. The company's claim that the
parents were guilty of contributory
negligence in allowing such youthful
children to be playing on the street
where there is Il cartrack, was met
by the counter charge that teh parents
| entrusted the children to an 11-year-
old daughter of the Eoeianskys, and
that in the eyes of the law, she is Il
capable care-talier
The eiectment case of the Electric
city Land Improvement company
was brought to an end yesterday
morning by Judge Archibald directing
q verdict for the defendant. He held
that the proper remedy was a suit for
damages.
The case of the Exeter Machine cOm-
pany against the Pine Hill Coal COM
pany is on trial before Judge Arch
bald The plaintiff sues for 500 for
the construction of Il Parsons shak-
ing screen for the defendants coll
liery ut Minersville, Schuylkill county
II DID NOT FIT.
The screen did not fit the timbers
that We're made to receive it, although
the timbcrs We're put together after
plans sent on by the plaintiff company
Furthermore, it did not come up tc
requirements and had to be supplanted
by another style of screen. The screer
in dispute is now lying alongside the
| ftllFOittl tIttCh, t"uitillS a.
The coal company will not have II
and the machine company refuses tc
take il back.
Tho defendant company, through its
superintendent, Clarence Sturges
maintains that the machine company:
agent, Mr.. Jenkins, when informed
that the screen was not working sue
cessfully said he thought his com
pany would make it right.
The plaintiff AYERS that it simpl.
contracted to build n screen accord
ing to the instructions of the Goa
company, and that II it does not worl
SUCCESSFULLY, the fault lies with tn
plans and not with the workmanship
Watson. Dieh 4 Kemmerer repre-
sent the plaintiff. The defense is rep
resented by y. +. Wells, and Welle
4 Torrey
In the case OF Enos Flynn agains
the Father Witty Young Mems Tota
Abstinence and Benevolent society, tn
jury yesterday returned q verdict II
favor of the defendant society, whicl
was represented by Attorney II. 9
Newcomb. \ rule for new trial wa
secured by II. j. Reamish and Nos
burg & Dawson the attorneys for tn
plaintiff.
y Claims Costs Are Excessive.