The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-01-10

Before Judge r. w. Archibald and u
jury in court room No. 2, yesterday,
the case of Patrick Connor. guardian,
against the Scranton Traction COM
pany, which was called Monday after
noon was on trial all day yesterday.
Mr.. Connor, as guardian Of two minor
children OF the late Patrick O'Boyle,
or Pittston, Is suing to recover $20,000
OBoyle died in the Lackawanna hos
pital in this city on June q from in
juries received, II Is alleged, by falling
or being thrown from a car on WASH
ington avenue, in this city, on June 10,
1896.
After court opened yesterday morn
ing. James Bradley, Con Miller and
Charles Judge were put on the stand
by the plaintiff. They testified that
they were sitting on the curb at WASH
ington avenue and Larch street on the
night OF the accident and saw car
pass them, going toward the city.
About 200 feet from them they saw q
flash In the car and then saw a man
come out of the rear door and jump or
fall off the rear platform. He landed
on his head on the pavement. Bradley
saw only one flash, but Miller and
Judge testified to two. one in the front
of the car and the other under it. The
car was going fast. Miller thought it's
speed was about fifteen miles an hour.
A. +. Duncan, an agent for the North.
west Life Insurance company, was put
on the stand and testified to the num-
Der OF years man at O'Boyle's time
of life, he was thirty-three years of
age, could reasonably expect to live.
OPENING FOR DEFENSE.
That closed the evidence on the part
Of the plaintiff, and Attorney c. p.
O'Malley opened the case on the part
of the defense. He said they would
show that the appliances of the car
were in perfect order and that the jury
would have to conclude that O'Boyle
was largely responsible for the injury
that he sustained and which resulted
in his death.
The first witness called was John
Gibbons, Of Port Huron. Mich, a con-
ductor on the Grand Trunk railroad.
He was the motorman of the car on
which O'Boyle was riding on the night
OF the accident. There was nothing
the matter with the controller or other
apparatus of the car, so far as he knew.
Flashes. such as alarmed OBoyle were
Of frequent occurrence, he said He
was motorman for nine days prior to
| the accident.
James Devine, who was foreman Of
| the car barn on Linden street, at the
time of the accident. said he examined
the car on which O'Boyle was riding
before it went out that day. The car
| was in first-class condition.
Frank Knight, one Of the leading
witnesses for the defense, was recalled
FOR cross-examination, and was fol-
| lowed by Thomas Mullen, the master
| mechanic of the company. He gave a
| detailed description of the nature of
| the controller that was used in the car
on which OBoyle was riding and gave
| a list OF the causes that will result in
| hashes coming from the controller.
| NO injury can result to q passenger
| from such a flash. 1t is not possible
| Tor flash to come from the motors up
through the car. 1t might flash from
under the car on the sides, but could
not come up through the floor, because
or the method Of construction used in
| laying the floor. Mr.. Mullen gave 1t as
MS opinion as an expert that the flash
at the time could not be prevented.
These flashes do not indicate any de-
feet in the machinery. After Mr.. Null
lens examination was completed, court
adjourned for the day.
VERDICTS RENDERED.
The jury in the case of Micha II
walsh against Mrs. Mary Ann Moran
returned verdict i'm favor Of the plain
tlff for $625S. In the case of William
Diggs against James Flynn the verdict
was in favor of Diggs for $l6G2.
When the case of H. NJ. Boies against
-. Levy, an action to recover on a
check, was called yesterday morning.
1t was announced that the case had
been settled.
DR.. William i. Brady was the plain
TIN in an action against Mrs. Nina Rob-
inson to recover damages for personal
injuries. The doctor said that he was
driving along Railroad avenue in this
city on Feb. 26, 1896, when he was run
into by one of the brewery wagons Of
the defendant. In the collision the
wheel was torn from the carriage and
the doctor was thrown out and sus.
tained a sprained shoulder and ankle
and a number Of bruises on his left
side.
The driver Of the wagon, Charles
kullmap, went on the stand and de-
MED having run into DR.. Brady's car
rage. 1t was upset, he said, while the
doctor was endeavorng to cross the
street car track. A verdict for $3.50
was rendered in favor of the plaintiff.
Welles e. Torrey appeared for the de-
fendant and Attorney Curry and Attor-
ney c. L. Hawley for the plaintiff.
When court adjourned for the day,
the case Of John s. Miller against the
Interstate Casualty company was on
trial before Judge II. NJ. Edwards in
the main court room. Mr.. Miller is
represented by Attorney c. L. Hawley
and the defendant company by Attor-
ney NJ. j. Martin, Of this city, and
Howard w. Page. of Philadelphia of
the firm Of Page. Allinson & Penrose,
OF that city. United States Senator
Boies Penrose is a member of the firm,
s. NJ. Lamont, claim agent for the COM
pany, also sits at the defendants table.
THE SECOND TRIAL.
This is the second trial Of the case.
John 3. Miller, a constable of the Ninth
ward of this city, held an accident poll
Icy issued by the company to him and
on Feb. 8, 1896, while serving a civil
writ on Lee w. Nichols, was badly in
jured by Nichols. His arm and Jaw
bone were broken, his head cut and he
had other injuries which disabled. him
| for long period of time.
The cOmDanv refused IN nav tho