The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-05-29

A non-sut was granted yesterday
by Judge Mcclure in the case IN which
Mrs. Margaret Thomas sued the Della
ware, Lackawanna and Western Rail-
road company for the death of her
husband, Engineer Jerry Thomas, who
was killed by the running away of an
ice train on Pocono mountain, July IL,
)19OO.
The plaintiff rested yesterday morn
ing, at the conclusion of the cross ex-
animation of Engineer Keith, who was
on the stand at adjourning time Tues
day. Major arren and MIR. O'Mal-
ley, attorneys for the defense, then
moved for compulsory non-suit and
presented lengthy argument to sus-
tain their motion.
1t was contended there was no evil
dence showing the proximate cause of
the accident: that the running away
of the train might have been the re-
suit of the engineers failure to prop
erly handle 1t; a defective condition Of
the air-brakes or that the train was
too heavily laden was not shown. Fur
thermore, it was argued, the evidence
failed to disclose negligence on the
part of the company The engineer
was experienced, he tested the air.
brakes at the top of the mountain, and
knew the makeup of the train. The
fact that he caused an engine to be
disconnected which was sent to help
him down the mountain, saying he did
not need assistance. it was argued,
created condition of affairs which he
was responsible for, and if the accident
was due to these the company was
in no way responsible. The non-suit
was granted. with a rule to show cause
why it should not be stricken off.
THE ROBINSON CASE.
Judge Mcclure next took up the
case of James Robinson against the
Delaware, Lackawanna and Western
company. Robinson is q miner living
on Eynon street., He is married and
has three children. He sues the COM
pany for $4,000, damages for injuries
sustained in an explosion of gas at the
Sloan mine, May T. 1900. L. Wede-
man appears for the plaintiff and Ma
jor Everett warren and Mr.. O'Malley
for the defense,
The plaintiff. according to his story.
the company's mine superintendents,
for work, and was directed to present
himself to Foreman Llewellyn Evans. of
the Sloan, who would put him to work
Pursuant to this instruction he went
to the Sloan and encountered Foreman
Evans at the foot of the shaft in the
Clark vein. He was told there was no
work for him just then but that it
might be possible to find him a place in
a few days. He had been told by Su-
perintendent Williams, he says, that if
he did NOT get work at the Sloan he
should apply at another mine, and
wishing to do so at once, asked to be
hoisted to the surface.
He would not be allowed to go up on
the carriage as they were hoisting
coal. but the footman pointed out a
route by which he might find his way
TO the. surface, and he proceeded to fol- |
low this route.
PLAINTIFFS VERSION.
According to the plaintiffs version of |
the story the footman told him to |
climb ladder in the second shaft, as |
lar as the Big vein, and then proceed |
westerly along slope which led to the |
surface. When he was going along the |
quite he claims he was told to follow in |
he Big vein there was terrific explo-
sion of gas which caused him to be
BADLY burned and permanently injured |
otherwise.
The first witness called by the plain
itf was Foreman Evans. The purpose
vas to prove by him that Robinson was
n the mine on the day alleged. He ad-
nitted that such was a fact. In the
ross of Evans the defense
vas outlined. 1t is to the effect that
Robinson went to the west instead of
he east as he was directed; that the
cute he took was through workings
which had been abandoned ten years
lgo; that fungus-covered props, falls
# roof. the condition of the ''gob" and
general appearances would tell any
miner that the workings We're aban-
loned, and that If this was not enough
O give warning to any one exercising
lue care, two doors through which
Robinson had to pass, bore Il Danger"
ign in large white letters. Further, it
$ held by the defendant that, at all
vents, the company was not respon-
ible for Robinson being in the mine or
or his safe egress from the mine. The
ase was on at adjourning time.
AN INSURANCE CASE.
The case of Kate Keegan against th,
Insurance company is be-
ns tried before Judge Weand. This is
Is second trial, the jury having dis
greed at the first trial.
The plaintiff is the daughter and en-
cutriN of Mary Keegan, late of Provi-