The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-31
MISS DUFFIN'S
Big VERDICT
JURY AWARDS HER DAMAGES
IN THE SUM OF $1,000.
Largest Judgment Ever Given
Against the City in a Damage
Case--City Solicitor vosburg will
Ask for New Trial-Suit in
Ejectment Against the Bonita
Glass Pipe Conduit Company.
Two More Divorces Granted.
Other Court Matters.

came In yesterday morning with q ver-
dict for the plaintiff in the sum OF
$1,000 This is the largest verdict ever
secured against the city in a damage
case.
The case was given TO the jury by
Judge Archibald at o'clock Tuesday
evening. 1t was five hours later when
they reached an agreement. They
made their report at the opening of
court yesterday morning.
Miss Duflin claimed that she was
injured by falling over a ily-wheel,
which was lying on the sidewalk in
front of c. r. Scott's property, in the
300 block of Adams avenue. The
wheel was lying fiat and its lin was
within few inches of the inner side
of the five-foot fiasstones. She was
going along the avenue on the night
of November 4. 1894, and upon reaching
that point encountered two other pc
destrians. one Of whom had an UNI
brella raised. To avoid "A collision, she
stepped with one foot off the flag walk
and collided with the fiy-wheel. She
fell across the wheel, striking on her
face and left side, sustaining q large
cash over her left eye and n badly
sue. ne DloN Ou lilc SHi'
she claimed caused internal injuries
OF permanent nature, and the blow
on the head caused blindness in one
of her eyes and affected the already
defective sight of the other. in which
cataract had commenced to form.
WAS THERE FOR MONTHS.
She produced witnesses who testi-
Gal Al, q. II l,a 1.si
for three months in the position 1t
was in on the date of the accident, and
q number of reputable physicians
went on the stand and told that Miss
Duiiin was an almost complete physi-
cal wreck; that she was slowly but
surely becoming totally blind, and
that all this, in their opinion, was the
result of the injuries she sustained by
falling over the ny-wheel
Tho city'a defense was that the fly
wheel was on private property-the
ten-foot roservaton--that it was rest
| ing on end mp against the fence until
| the day of the accident, and that Miss
| Duftin's present physical condition is
not due to any injuries she received IA
a result OF the fall.
Physicians called by the defense tes-
tilted that Miss Dufiin was suffering
| from various permanent Affections be-
fore the date of the accident. and DR..
| r. q. Roos, who attended her for III"
| injuries she sustained. declared tha :
| her only hurt was a slight cut above
| the eye and that Il could not, in rca-
| son, have resulted IN the conditions
| Miss Dutln now blames the city for
| \ feature Of the case is that the suit
| was practically dropped at one time.
| Miss Duf1in engaged Cornelius Smith
| to act for her when she first insti-
tuted the suit, in 1894, and when he
was disbarred she allowed the case
to rest. Recently, however. she in
terested ex-District Attorney a. r.
Martin, of Wilkes Barre. in her claim
and he. with Attorney L. G.. New
comb, vigorously prosecuted it. Miss
| Duffin was at one time member Of
Colonel Martins household. and on
this account he was especially inter-
ested in her behalf.
ASKS A NEW TRIAL.
CITY Solicitor Nosburg proposes Ia
ask for a new trial on the ground tha.
| the verdict was excessive. and that
new evidence has been discovered re-
garding Miss Duftln's physical condi-
| ton before the accident.
Judge Archibald yesterday tied the
eiectment suit of the executors of tho
Price, Pancoas. and Throor estates
against the Bonita Glass Pipe and Cons
duit company. 4 two and one-uuarter
acre tract of land in Throop. with the
improvements which the Bonita com-
in question.
Nov. ,, lS9-, an agreement was en-
tered into by the late DR.. Benjamin.,
II. Throop and j. w. Bonita for the
transfer tn the Bonita company of tie
land in question, in consideration OF
the transfer 70 Throop of one hundred
shares OF the stock OF the Borta com
pany. Ii was further provided that
the land was to be used as n site fol
a glass pipe factory, and that If the
factory was not i'm full and complet1
operation within a year the land and
all it's improvements should revert 4
the party making the grant.
The land was owned jointly by tn;
Price and Pancoast estates and Dr.
Throop, but DIR. Throop signed FOR N
three. 81 the outset of the trla.
Judge Archibald directed that a verdict
against the defendant be entered ful
two-thirds of the land, as DR.. Throoi
had no power TO sign away the Price
and Pancoast interests.
THAT AGREEMENT.
AS TO the remaining third. the sui
rested, the Judge said. on whether uI
not tho agreement between Throo!
and Bonita had been carried out. Th,
plaintiff showed that several years
passed by without the works beiri
completed and that even up to th'
present day they have not been oper
ated. further than 10 cast twenty-!iv,
pieces of glass pipe. in making tests
and discovering that the Bonita invcn
tions were no good
The defense claimed that the fac
tory was completed and operated, an
that the stock was made over TO DI
Throop, which fulfilled all he re
quirements Of the contract. The .e
Tense admitted that the factory Wa
not operated for any great length o
time and that IL is now PRACTICAL
abandoned,
The case was given to the iuIy n
o'clock, with instructions to bring tn
verdict i'm this morning. Willard
Warren & Knapp represented til
plaintiffs. Vosburg & Dawson wer
attorneys for the defense.
In the case ot Lazarus Mayo
against john Barnes. verdict for IN
plaintiff in tho sum OF $50 was ontevc
by agreement. Attorney Ralph Lev
appeared fer the plaintiff Pnd Artm
ney Il. W. Shurtlcff Cor ;ha defend
ant