The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-04-02

| trial OF the ejectinent suit OF A -.
| Dean. trustee, against B. NJ Winton,
| executor, to recover Il half-interest In
| forty-two acres of coal land In Green
| wood. The plaintiff completed the paper
| title on which his claim to the land Is
based. and put A. b., Dunning on the
| stand to identify the land mentioned in
the deeds as that claimed In the ac-
| tion now on trial.
Attorney c. II. Welles opened the case
for the defendant, and following that
the paper title of the defendant. j. b.
Laubach and Sterling Davis. clerks in
the commissioners office of LuZerne
county, produced a number of the tax
books of the early 7O's, before the divis-
ion of the county, showing the names Of
the persons to whom the land in ques-
tion was assessed.
The theory of the defense Is that the
trust agreement for one-half of the land
given by W. w. Wlnton to Isaac Dean
at the time OF the sale, was rendered
void when the whole property was sold
by the commissioners of Luzerne county
for taxes and was purchased by w. W.
Winton.
The case of j. 3. Glhood against L.
A. Roberts, of Carbondale, called for
trial before Judge Kelly, Monday after
noon, was given to the jury yesterday
afternoon, but u verdict had not been
agreed upon at adjourning hour.
Martin Corrigan against John STAN
ton and others, trespass, was the next
case called, but there were not sufficient
jurors available to select twelve good
men and true from, and the opening of
the case had to be deferred until this
morning.
The case of Miss Kate Keegen
against the Metropolitan Insurance
company was put on trial before Judge
j. b. Simonton, and q jury sworn. The
case was called Monday but was put
over until yesterday on account Of the
illness OF an important witness for the
defense, who its was thought would be
able to be in court yesterday.
After the jury was sworn, Former
Judge E. N. Willard, attorney for the
defendant company, presented a physi-
clans certificate showing that the wit
ness was confined to his bed yesterday.
He asked permission to have the testi-
mony of the witness taken at q former
trial read. Attorney c. w. Dawson OBJ
jected to this, saying he wanted an
ness further. 1t was thereupon agreed
to have the case go over until the next
term. A juror was withdrawn and the
case continued.
The case was tried about year ago
and the jury disagreed. The plaintiff
seeks to collect $500. the amount Of an
insurance policy on the life of her
mother. The company resists payment
on the ground that the policy was OBJ
tanned by mis-statement of facts.
The trespass case OF, Miss Sarah j.
Moore against the city of Scranton was
tried before Judge Simonton. The
plaintiff owns a property on Pawnee
street. in the Third ward of this city,
which she alleges was greatly damaged
by surface water thrown upon it by the
opening of Oak street by the city in
1889. The testimony for the plaintiff
was to the effect that the water from
Oak street was thrown onto Pawnee
street and thence ran onto the land of
the plaintiff damaging the walls of the
house, the trees in the lot and the
garden.
After the plaintiff rested, City Solci-
tor Watson asked for non-suit on the
ground that no negligence on the part
of the city was shown: that the inn
provement was made by virtue and
that it was not established that the
plaintiff was the owner of the lot, as
the deed is in the name of B. Moore.
Judge Simonton refused the non.suit
and allowed the plaintiff to offer testi-
money later to show that the name of
Il. Moore In the deed was Il mistake
and was meant to be Sarah j. Moore.
Solicitor Watson then opened the case
to the jury. He said they would show
that 1t is impossible for water to flow
from Oak street To Pawnee street un-
less it flowed up hill. City Engineer
Phillips was then called ana told about
the opening of Oak street. The trial of
the case will be resumed this morning.