The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-28

lenged for Cause by His Employer.
Judge vosburg's Opinion.
The third and final weeks session of
the January term of common pleas
opened yesterday with Judge Kelly
presiding in the main court room;
Judge Newcomb in No. 9, and Presi-
dent Judge John Lynch, of Luzerne in
No. 3.
The case of owen McGovern against
the Lackawanna Iron and Steel conf
pany Is being tried before Judge New
comb. The plaintiff seeks to recover
for injuries which he sustained by rea-
son of having fallen into one of the
cupalos at the South steel mill on the
evening of January 90, 1899.
At that time he was about thirteen
years of age and was employed as q
water boy. He testified that he went
to work at o'clock of the evening in
question. and continued until about
$50 when the electric light went out
and he was sent by the fireman to re-
port this fact to the electrician who
stated that he would repair 1t at once.
The plaintiff then went back to the
charging floor and sat down at one side
of the mill with his father. who was
employed as a charger.
BY reason of the cold he and his
father started to go over to the side of
one of the cupalos. which was in blast,
when the plaintiff stumbled over a
piece of iron between No. and No. 9
cupolas and fell head foremost into
cupola No. 9 and his father, who en-
deavored to catch him, also fell The
cupola was about fifty feet deep and
was not in blast. The plaintiff broke
his arm and suffered internal injuries,
which laid him up for several months,
and by his declaration claims damages
in the sum of $4,000. He is represented
by Attorneys Burns and OBrien and
Martin, while Major Warren and W. Ii.
Jessup, ir., appear for the defendant.
The father died from the injuries he
received at that time and in the case
instituted by the widow a non-suit was
allowed by Judge Carpenter, on the
ground that plaintiff was guilty of con-
tributory negligence, at the last Sep
tember term.
PRECEDENT ESTABLISHED.
One of the jurors called was Martin
Gaughan who was employed by the
defendant company as a fireman at the
South mill at the time of the accident
He was challenged for cause by the de-
fendant and the challenge was resisted
by the attorneys for the plaintiff who
contended that the fact that Gaughan
had been an employe of the defendant
was not sufficient for the court to Sus-
tain the challenge.
1t is a new point and the attorneys
were unable to present any authori.
ties that would sustain their conten-
tions. Judge Newcomb decided that il
the plaintiff had made the challenge
there would be no doubt as to his righ,
to do so and he believed that a rule
that applied to the plaintiff ought also
apply to the defendant.
The case of Fl. w. Lotus against
Mrs. Bridget Hand is being heard in
Judge Kelly's court. Mr.. LOTUS sues
to recover $500 for services as a medi-
ator in bringing about a meeting be-
tween Mrs. Hand and the blood rela-
tives of her deceased husband. Richard
| McHugh, for the purpose of effecting a
sale of her life interest in the McEugll
property.
According to Mr.. LOTUS, the meeting
took place and Mrs. Hand agreed tc
sell her interest for 100000 which was
| agreeable to the heirs. Later she re-
pudiated the agreement, demanding
5000, and when Mr.. LOTUS waited or
her to secure the pay she promised him.
she refused to honor his claim, alleS-
ing that inasmuch as the sale had not
been effected he was not entitled to
anything. Mr.. LOTUS AYERS that his
pay was contingent only on his bring
ing about Il meeting.
james Mahon and A. A. Chase rep
resent the plaintiff. v. =. Hoban and
George s. Horn are attorneys for the
defense.
ELLEN TAYLOR CASE.
Judge Lynch is trying the case OF
Ellen Taylor against the City of Scran-
ton. Mrs. Taylor sues for damages al,
legged to have done her property, or
Ninth street, by the narrowing OF Ninth
street and Jackson street, when Robin.
| son street was widened in 1896. The
viewers allowed her $l00 From this the
| city has appealed.
The plaintiff is represented by Attor.
ney l.. w. Thayer. City Solicitor George
NJ. Watson and Assistant City Solicitor
d. j. Davis represent the defense.
In the case oG John w. Williams
against John r. and Ellen Madisan, Il
verdict was entered for the defendant
by agreement
| A verdict Of $l5S for the plaintiff was
entered by agreement in the case o.
Sykes & Son against Flaraghan &