The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-03-12

The verdict of 5000 which Miss
Mary Dufin secured against the city
of Scranton at the January term of
civil court was set aside yesterday by
Judge Archibald on the ground that it
was excessive
The evidence connecting her present
physical fmpairments with the acci-
uent OF seven years ago, to which she
attributes them, Is, TO say the least,
unsatisfactory, the Judge declares, and
the jury would probably have realized
this had their attention been more
carefully called to II in the charge.
we feel we must correct their mis-
take.' the Judge concludes, "and as
the sum to which We would reduce the
verdict on condition of its acceptance
by the plaintiff is n comparatively in
sigiicant one, not likely to be accepted
by the plaintiff. we may as well award
a new trial outright"
Miss Dufiin. 1t will be remembered,
tripped and fell over tiywheel which
was lying in front of the Scott prop
erty on Adams avenue It's edge was
just off the flagstone walk, but within
the lines of space surveyed for q
the wheel had been allowed to remain
in this position for months. the labil-
ity OF the city was unquestionably fix
ed. and teh only question remaining to
be settled was the amount of the dam
| ages. The city Put on the stand two
physicians who had attended Miss
Duffin at the time of the accident,
and others who had prescribed for her
both before and after the accident. and
they unhesitatingly said the accident
was not responsible for the permanent
injuries of which she complains The
jury, however chose to accept the
state ents OF the physicians who tcs-
titled on the plaintiffs side.
Once again the project to annex to
Taylor borough the adjacent lands OF
Lackawanna township is defeated
through the failure to properly adver-
tisc the proceedings.
Last year the advertisement was de-
clared irregular because it read that
the petition would be filed Monday.
May s." when il should have been
Monday, May g" This year the de-
feet lies in the fact that the advertise
ment was printed only Cnce week for
four weeks instead Of "for thirty Days
Immediately preceding the filing of
the petition"
Five years ago when an attempt was
made to carve Pync borough out OF
these same township lands. the pro-
ceedings were annulled because the adj
vertisements did not appear during the
thirty days Immediately preceding the
time of filing the petition"
The decision annulling the latest pro-
caedngs was made yesterday by Judge
Archibald, who also passed on the
other two cases.
\ third opinion by Judge Archibald
dealt with the divorce case of Frank
II. Young against Nellie $. Young.
II was more in the nature of an eX-
planation than an opinion. The judge
says:
The case is peculiar and i. first | had grave
doubts about the propriety Of granting di,
vorce; but, after calling the respondent before
me and examining her thoroughly. ! am sats'
fed that the libesnt is legally entitled to the
divorce for whcth hc asks
The respondent separated herself from her hus.
band without any apparent cause, and for up
wards OF three years has continued 10 live apart
from him. While not altogether willing 10 say
| that she had no cause 10 leave him. she viz
| tually gives none, and We can do no less than
| conclude that she had none which the law
would recognize, or she would not hesitate to
| assert it.
This may seem like collision, but | think il
| is not No doubt the respondent is not opposed
to the divorce. but there must he something
more than that to make out that charge. There
| il no cousion in the ostrangement and sep.
| alaton which have existed for the last three
| ycdrs, and il IL hy that that the right OF the
| libellant TO 4 divorce must be determined.
The Houngs were married In RocheS-
| ter, n. y, January s, 1891, and came
to this city about seven years ago.
"Unpleasantness, disagreements and
differences OF opinion" to use the IL
bellants language, began to arise, and
these becoming marked ana very un-
| pleasant" finally resulted in Mrs.
Young declaring she could no longer
| live with hey husband. This was in
| 1898. From that time on they lived in
| the same house, not as man ana wife,
| but simply rs boarders with Young's
mother. \ few months of this sort OF
thing, to the accompaniment of un-
availing efforts on the part of the hus-
| band to effect a reconciliation, ended
in the husband filing application for
| divorce.
la IL n I'm l., "