The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-29

The third and final weeks session OF
the January term of common pleas
was begun yesterday, with Judge Kelly
presiding in the main court room. and
Judge Archibald In No. 9.
Judge Kelly disposed OF the wage
case OF Patrick Carey against Mrs.
Jennie Brink, proprietress Of the Ex-
change hotel, Dunmore. Carey Is an
aged. gray-haired man. He claimed he
was engaged to work about the hotel
in the capacity OF hostler and general
utility man, and that he was to receive
SIS n month and board. He continued
in this employment, he claimed, from
May until November, 1900, but only re-
ceived, all told, $3.50 in cash. He
wanted sS1.50 more.
The defendant stated that she re-
turned from her summer vacation and
found Carey hanging about the place.
The help told her they had taken COM
passion on him and agreed to give him
food and lodging and an occasional
drink in return for whatever little odd
jobs he could do about the place.
The jury decided In favor Of the
plaintiff for the full amount OF his
| claim, with interest Attorney John f.
Scragg represented Carey. Mrs. Brink's
| attorney was r. III. Holgate.
a TREsPASS SUIT.
Judge Archibald is engaged in trying
| the trespass case of Mary Duffln
| against the City Of Scranton, in which
| the plaintiff wants $4,000 damages for
| permanent injuries she claims were
| sustained, November 4, 1898, by falling
| over a large fy-wheel that was left
| lying on the sidewalk in front OF G. II.
| Scott's property, on Adams avenue.
The case was originally brought by
| Cornelius Smith. but Miss Dufilns at
| torneys in the trial are Il. c. New
| comb and ex-District Attorney T. +.
| Martin, OF Wilkes-Barre. City Solicitor
| A. A. Vosburg is looking after the de-
| fense.
Miss Dui1in conducts an employment
bureau in Temple court, but before the
accident she was teacher in the pub
lie schools. She says she was In per-
| feet health prior to the date of the
accident, with the exception that she
| had an incipient cataract in her left
eye. Tho fall she received as a result
of the city's negligence, SO she claims,
caused total blindness in her right eye
| ana so seriously injured the sight of
the already afflicted eye that 1t is with
difficulty she can find her way about.
She also claimed she suffered perma-
nent injury to her entire nervous sys-
TEN and a serious d!sarrangement of
her internal organs. In these claims
she was supported by the expert testi-
mony OF DIR. S. p. Longstreet and DR..
James Stein.
CITYS DEFENSE.
The city's defense will mainly rest
on the claim that the fy-wheel was
not on the sidewalk, but at a safe dis
tance therefrom on Mr.. SCOTS prop
crty, and that Miss Duflin, because OF
defective eyesight with which she was
afflicted for some years before the ac-
cident wandered off the sidewalk and
trpped over the fy-wheel. The case
will likely consume all of today.
. Other cases were finally or tempor.
arily disposed of as folows
Coutinued--Jennie V. Connnt against l., r
/ Williams, wages; u. VI. Winton, administrator
/ against the Delaware, Lackawanna and West
ern company, iesucd ISSUE Charles LcwiT
1 against T. s. PAUL., trespass; Mary Dickson
, against the city 0; Scranton, trespass; II, Gold
} | schagor against the Scranton Traction company
| trespasS; Gabrielle Nroms against Simon New
t cssencs, tresp9ss; Lewis Wcissborger against tn
, | Ontario AID Western company, trespasS; Cath
r | crime Carey against the Susquehanna Mutun
| Fire Insurance company, assuInpsit; Thomas Da
, | Wis against \. u. Russell, trespass LangciH
| Coal company against the New York, Susque
r | hanna and Western Coal company, aSsumpst
( l.. +. n. Edwards against s. L. Lonsstrect
| trcspass; Mary Decker against Ellen Morahan
A trespass; Gardner shinse company against Chap
c man liu!l, aSsumpsit james Mahon agains
. John q. Jennings, appeal Caleb Jones aRains
q the borough Of oyphant, ct al, trespass,; f. {
Bunnell against z. NJ. Ward, assumpsit.
SettledSadie l.. Coleman against the Scrau
!. | ton Traction company, traspass; Jacob Klstnc
n against the Delaware and Hudson company
IA trespass.
e Discoptinued-R d. Stuart, trustee, agains
Henry Box, ejectment.
4 In the case of Nathan McDermot
. against the city of Scranton and tn
= Scranton Traction company, whicl
" was settled out of court, a verdict o
I. $3.50 for the plaintiff without costs, wa
[. yesterday entered by agreement.