The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-05-18

sessment, though it was in different
tracts and not contiguous. The city
now sues in assumpsit and he is de-
Tending on the ground that the pay
ing was not properly done.
WORK DONE IN 1891.
The work was done by the now de-
funct Scranton Trinidad Asphalt Paw
ing company in 1891. L was paid for
in city bonds. but the city was to be
held liable for only such assessments
as We're actually collected. The real
plaintiff. therefore. is the paving COM
pany. although there is a possibility
the company can recover this paricu-
lar assessment from the city by alleg-
ing negligence in collection.
The contract provided that the paw
ing should be first class as to work
manship and material: that the pave
should be kept in repair for five years.
and that at the end of the guarantee
period the pave should be in as good
condition as when first laid. with Il
full two-nch cushion and no breaks
or holes.
Mr.. SturSoS as the chief owner of the
lots on which the Columbus colliery
and the Suburban electric light works
are located and the Johnson's lake
grounds. just opposite. was called up
on to sign for $4,000 worth of pave,
in addition to several thousand dol
lars worth farther out ,on the avenue.
and. as he felt that this was very
much in the nature of a public con-
tribution. he expected to get at least
reasonably fair treatment from the
city councils. the public's representa-
lives.
But. according tn his story. he was
very shabbily treated. and, as might
be expected he waNed Wrolh.
no ATTENTION PAID.
When The work was in progress he
called attention to certain apparent de-
fects in the material, but no attention
was paid TO his plant. Three months
before the guarantee period had en-
pired, he, with nearly all the other
property holders on the portion of the
avenue covered by the contract. petit
toned councils not to release the guar
antee bond of the company until such
time as the pave was put in repair.
The cushion was almost completely
worn out along the whole length Of
ruts. holes and breaks that it was
practically worse than no pave at all.
Yet the councils released the COM
pany's bond and allowed it to escape
its contract obligation.
Thereupon Mr.. Sturges declared that
he would pay no more assessments un
til the pave was put in repair. This
declaration was evidently regarded as
tl,,,
passed and Mr.. Sturgcs has not paid
a cent on the balance he was owing.
He paid nearly $4,000 in principal and
interest on property held in his own
name. and $4,000 more on properties
in which he had IL controlling interest,
but this was during the first four years
that the pave was laid. The fifth and
succeeding annual instalments he new
er paid.
WON'T PAY COMPANY.
Now. however, Mr.. Sturges is will
ing to pay what it is claimed he owes,
but not to the Trinidad Asphalt Paw
ing company's bond holders. The
pave has been repaired by the city
under the recent ten-year contract
with the Barber Asphalt company, and
He wants to win the suit now at
bar as IA vindication of his position
ana is determined to win, no matter
what trouble and expense it may in
VolVe, lie could have won ii. or at
least have had it thrown over for a
time, by taking advantage of a techni-
cality yesterday, but his attorneys re.
ceived instructions to let it proceed TO
a test of its merits and the techni-
cality was allowed to go by the board.
Little progress was made with the
case yesterday. The attorneys for the
plaintiff are submitting evidence of
the amount of the claim. 1t is pos
sible the case will so over into next
week. The plaintiff is represented by
city solicitor George NJ. Watson and
Cornelius Comegys. attorney for the
asphalt company. Mr.. Sturges' coun-
sci are 4. +. Wells. ex-City Solicitor
James II. Torrey and James Gardner
SanderSon.