The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-05-30
ROBINSON MAS
nON-SUITED
JUDGE DECIDED HE HAD NO
STANDING IN COURT.
Was Not Invited Into the Mine and
the Defendant Owed Him No Duty
While He Was There-Case Of Kee-
gan Against the Metropolitan Life
Insurance Company Was Given to
the Jury Late in the Afternoon.
A Peculiar Action in Ejectment.
Other Court Matters.

"A non-sult was granted by Judge Nc.
Clure yesterday afternoon in the case
of James Robinson against the D., l.
e. w. Railroad company. The plaintiff
went on the stand yesterday and told
the story Of the manner in which he
was burned by an explosion of gas In
the Sloan mine. He went there to seek
employment and was injured while
leaving the mine. Peter Chappell, who
was with Robinson at the time, and
was also slightly burned, cOrroborated
the statement made by Robinson to the
effect that in leaving the mine he fol-
lowed the directions given him by the
footman of the Sloan mine concerning
the route he should take.
After the plaintiff rested Major Ever
EFT Warren for the company asked for
a non-suit. The request was vigorous
ly opposed by Attorney L. p. Wede-
man who represented Robinson. The
matter was argued at length by both
attorneys and at the conclusion of the
argument Judge Mcclure granted the
non-suit for the following reasons:
mo invitation to enter the mine was
extended to the plaintiff by the COM
pany nor does it appear that permis-
sion to enter them was given to him by
Williams when he referred him to
Evans 10 ascertain whether or not he
could secure employment. The plain
tiff was on the premises and within the
mines of the company of his own mo-
ton. Hence the defendant owed him no
duty to provide for or secure his safety
"When the plaintiff attempted to
reach the surface by way of the shaft
gangWay and slope, way unknown
to him he assumed the risk of the pas
sage and is not entitled to recover from
the company for the injury he sus
tained."
In connection with the non-suit Judge
Mcclure granted a rule to show cause
why it should not be stricken off. Re-
turnable to argument court.
The case of Kate keegan against the
Metropolitan Life Insurance company
was given to the jury at o'clock yes
terday afternoon when Judge Weand
completed his charge. DR.. Sullivan,
who was on the stand when court ad-
journed Wednesday, went on the stand
again yesterday after court opened
and his cross-eXamnation at the hands
of Attorney c. w. Dawson was COM
pleted.
James Powell swore that he was enl-
ployel by the Baltimore Aid society
and from 1898 to 1899 paid Mrs. Mary
Keegan, the deceased, sick benefits at
intervals during all that time on GER
tificates furnished by DR.. Sullivan.
DIR. w. L. Keller was called as an
expert and testified that il Mrs. Kee-
gan's condition was as described by DIR.
Sullivan she could not have been in
good health at the time she was In
sured by the defendant company.
In rebuttal Il number Of the neigh
hors of Mrs. Keegan were called who
testified that she was a hard working
woman who had every appearance of
being in rugged health. DR.. George
Beach. DR.. G. o. Caldwell and DR..
Daniel Webb testified that they exam
ined Mrs. Keegan for different insur-
ance companies and found her in a
healthy condition. The closing ad-
dresses were made by Judge Willard
for the company and Attorney Daw-
son for the plaintiff.
The case of Mrs. Margaret Ridge
way against the Hillside Coal and
Iron company was called for trial yes
terday before Judge Newcombe. The
plaintiff asked permission to amend
the pleadings and it was granted,
whereupon the defense pleaded sur
prise and had the case continued. A
verdict Of S22720 for the plaintiff was
taken in the case of ID. Il. Baldwin |
against NJ. L. Worden.