The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-05-30

A general verdict for the plaintiff
was directed by Judge Kelly yesterday
in the case of II. H. Seidel and others
against Stephen T.. Shelly and Alfred
Harvey and Franklin Howell. bonds
men. the suit growing out of the fail
ure of Shelly to complete a contract to
make borings for coal on a tract OF
iand at Lebanon. owned by the Harper
estate and controlled by the plaintiffs.
The verdict was, however, subject to
the reserved point of law as to whether
or not the $4,000 mentioned in the bond
was anything more than security. The
jury was instructed to find that the
penalty in the bond was $4,000, so that
in case the court should later decide
that the $1,000 was liquidated, dam
ages judgment on such a finding could
be entered without the necessity Of
another trial
The case was submitted to the Jury
to determine the amount of the actual
damages sustained by the failure of
Shelly TO complete his contract.
Shelly was to sink three bore holes
two angular ones and an additional and
perpendicular one that would penetrate
such strata as the angular holes would
not strike. As compensation for sink
ing the holes he was to have an option
To lease the coal. He sank one angular
hole a distance of sol feet, and being
convinced there was no marketable coal
on the land. refraincd from boring the
other holes. The plaintiffs thereupon
brought suit to recover on the $1,000
bond he gave to guarantee the COM
pletion of the work.
The defense was that the tract was
misrepresented and that when the first
boring showed This. there was no call
upon the contractor to proceed further:
that. at all events. the plaintiff suf-
fered no actual damage by the neglect
of the contractor to bore the other two
holes, and the bond being only a secur-
ity for damages. the plaintiffs could
secure only such damages as they uc-
tually sustained.
Judge Kelly ruled that the defend
ants have no right to defend on the
ground that the other two holes would
be of no use to Tie plaintiffs: they bar
gained for three holes and are entitled
to three holes. The measure of dam
ages the judge said, would properly be
what it would cost to bore the other
two holes.
This left tho jury with the prob
lem of finding out how deep the sec
ond hole would have to be sunk to
reach tru" conglOmeratc. and how
deep a perpendicular hole would have
to go to tap the strata not pierced
by the other two holes.
Th" jury went out at 4.30 o'clock,
with instructions to report their find
ing on Friday morning. as court will
not he in session today. The case
was one of the most vigorously con-
tested that has been before the local
court in many day. The witnesses
We're comparatively few but the at
torneys. j II. Torrey, for the plain
tiffs. and Major Everett Warren. Hon.
G. +. O'Malley and Walter Briggs for
the defendants. extended the case
over tho better part of three days.
with their arguments on legal techni-
calities.
In the case OF w. W. Watt against
John Met comb the jury brought in a
verdict for the plaintiff in the sum Of
$l.0,4.55
The case of John CorrcGan against
tie Scranton Traction company came
TO an abrupt termination yesterday
morning. Just before the taking Of
testimony was to he begun. Attorneys
\. A. Nosburg and James !. O'Malley.
representing the plaintiff. moved to
amend their declaration by including
a $500 claim for personal injuries. and
when Judge Edwards allowed it. the
defendants 5 attorney, eX-JudGe T.. N.
Willard. pleaded surprise and induced
the court to grant a continuance.
Judge Edwards now has before him
the tresnass case of j. F. WeStGate
against j. " Wideman a dispute
over s93. growing ont of some road
making done Jointly by The parties at
their home in Benton township. g.
II. Sopor represents the plaintiff and
T.. G.. Ncwcomb the defendant.