The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-21


Once more the celebrated trespass
suit of Mary Dufiin against the city of
Scranton is on trial. 1t was called
yesterday in court room No. .. before
Judge Cyrus Gordon, of Clearfield,
who was called to assist in common
pleas, this week. that Judge Edwards
may devote his attention to urgent
shambers matters.
This is the third trial of the case.
1t was first tried before Judge r. w.
Archibald and resulted in a verdict for
the plaintiff in the sum of $1,000 A
new trial was granted on the ground
that the verdict was excessive. The
case next came up before Judge Kelly
and the jury disagreed. Four days
were spent in each of the previous
trials, and it is likely the present trial
will extend over the same if not q
greater period.
On the plaintiffs side are arranged,
rs counsel, Colonel II. r. Martin, eX-
district attorney of Luzerne, who was
Acr senior counsel in the preceding
trials; Colonel +. J. Fitzsinmons, Ma
jor Everett Warren and Hon. C. p.
O'Malley. The defense is looked after
oy City Solicitor George NJ. Watson
and Assistant City Solicitor d. j. Da-
Wis. The jury selected to try the case
is:
THE DUfFFIN JURY.
II. r. Jones' farmer. Spring Brook
John Burnett machinist, Carbondale.
James o. DimmiCk, clerk. Scranton.
John l.. Jones, clerk, Scranton.
George T.. Stevenson, civil engineer. WaNerly.
l. +. lloyt, store manager, PeCkvillc
Morris H. Rhodes, farmer. North Abingdon
Jerome Thomas, CONTRACTOR Dalton.
II. W. Peck, bookkeeper, Wintot
Orlando Wells, farmer, Greenfield.
John Harris, agent. Taylor.
Theodore Fuller, gent, Scranton.
The suit grows out OF an accident
u Miss Duffin, which occurred Novem-
ber 4, 1898, on Adams avenue. She had
.partments at the home of Miss Comp
ton in the middle of the 800 block of
Adams avenue on the right hand side
going north, On the other side of the
street, a little to the north of the
Compton home. is keller's blacksmith
shop, and adjoining the Keller prop
crty on the north, was, ut that time,
a vacant lot owned by G. b. Scott. and
used by him for storing machinery.
A large iron wheel or belt-pulley,
five feet in diameter and eight inches
wide at the rim and hub was for Il
long time resting against the outside
of the fence in front of the Scott prop
erty.
The sidewalk on Adams avenue, be-
tween the ten-foot reservation and
curb is laid out at ten feet. All of the
sidewalk, however, was not fully oc-
cupied by the flagstone walk, The
flags We're about four and one-half feet
in width and their center line was at
the center lipe OF the ten-foot space
laid out for a sidewalk,
THE WHEEL FELL.
The iron wheel, according to the
plaintiffs story, fell down one day,
and landed with not more than foot
of its rim extending over and on the
ten-foot sidewalk space, and within a
foot and half of the edge of the
.iag-Walk.
Saturday night. November A. 1898,
Miss Duffin left her apartments about
s O'Clock, to go to the drug store, on
the corner of Adams avenue and Null
berry street. 1t was "a dark night and
raining hard. She crossed the street
and was walking with an umbrella
raised. In front of the Scott property,
she encountered two other women, car
rying raised umbrellas. She was on
the inside OF the fiag-walk and in NOV
ing aside to let them pass, she stepped
off the flags collided with the rim of
the wheel and fell across it striking
on her head and side,
long crescent-shaped cash was in
fiicted on her forehead, over the left
eye, and according to her statement her
side was bruised, AS a result of these
wounds she alleges, her sight has been
SO impaired, she Is almost blind, and
internal arrangements have resulted
which viii make her an invalid for life.
The city alleges that the wheel was
not ON the sidewalk, and that at all
events Miss Duffin's alleged permanent
disabilities are not the result of the
accident. but of chronic disorders.
A number of prominent physicians
are witnesses in ths case. among them
pr. Il. q. Roos, who attended Miss