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


against Miss Dufiin. on account of a
dispute regarding a bill. Other profess
sional men engaged in the case were
threatening each other with personal
violence as a consequence of alleged in
suits, and all in all, it developed into
one of the most celebrated civil suits
ever tried here.
OPENING ADDRESS.
The opening for the plaintiff was
made yesterday afternoon by Colonel
Fitzsimmons. 1t was Il brief. concise,
but very complete review Of what con-
stitutes the plaintiffs case. He said:
The action you are sworn to Try is brought by
Mary Dutlin again.s the city of Scranton. 1t was
instituted TO recover damages for injuries which
she received through negligence OF the city, Nc
vember 4, 1893. The accident occurred on Adams
avenue. The plaintiff walking on the side
walk and was carrying Il raised umbrella the
weather being very stormy. II was at night,
and when she got near Kcller's wagon works,
between Linden and Mulberry streets she stepped
TO the inside of the sidewalk to let pass some
persons who coming from the opposite dreC.
tion. As she did so, her foot caught in large
iron wheel, which caused her TO fall with great
force on the wheel, striking her head face and
body on it. The fall resulted in inficting the
scvercst injuriesitte less than those that oc'
casion DEATH She was carried 10 her apartments
at the home of Mrs. Compton, Medical aid was
called and her wounds dressed One OF them,
which across her forehead over her left eye,
consisted of cash cut in which fourteen
stitches were placed She also incurred internal
injuries Of permanent and most distressing
character. The fall was most violent one and
resulted, not only in great physical pain and
mental agony, but also in making her an in
valid for life.
Our contention is that the wheel, which caused
her 10 fall, where it should not have been,
and that the city of Scranton negligent in
permitting the wheel 10 be where it was. We
shall show you that the wheel was on that por-
tion of the street reserved for sidewalk and lad
been for days, if not weeks, before this accident
happened, and that, under the circumstances it
could not have been seen by the plaintiff. We
shall then proceed to show You the character OF
the injuries temporary and permanent, that were
inflicted We shall show you that this plaintiff
is and will be to the end OF her days, because
OF the city's negligence, deprived nearly, OF her
eyesight and will otherwise be a physical sui
ierer. While we cannot expect you to adequately
compensate her for the great loss she has suffered
and is suffering and will continue to suffer, yet
we shall ask you to make her lie endurable by
giving her u verdict that will enable her to exist
without invoking tho cold charity of the world.
When in her former physical condition, Miss
Duiin was able to maintain herself and provide
for the future through her ability TO teach in the
public schools or act in any capacity that called
for high order of intellectual attainments. The
accident, which was caused by the city'S negli-
Sencc, has practically deprived her OF earning n
livelihood and so injured her that she can look
forward to the time to come only with sadness
aud despair OF The five human senses, the most
priceless is The sense of seeing. No money can
supply its value. The law in its mercy and wis
dom provides all that human agency can afford
in cases like You are sworn TO try. 1t says that
person injured as Miss Dufin is, shall be conf
pcusated, as far possible, by the party respon-
siblc for the injury.
In this case, the city of Scranton was grossly
negligent, and. when shall have established
that fact 10 your satisfaction, we shall conli-
IDENTIFY ask you 10 give her verdict, sufficient in
size to guard her in the years yet unborn
against the ravages OF poverty and the hard
ships Of Indulgence.
FIRST WITNESS.
The first witness called by the plain
tiff was City Engineer Joseph p, Phil
lips, from whom it was elected that the
sidewalk was laid out at a width of ten
feet and that the flag walk only occu-
pied about half of this space. He was
also examined at length to show that
the place ol the dcclueHt Is III tlle lleiit
of the city.
Mr.. and Mrs, Erington Knapp, who
lived over the Keller factory in 1893,
testified To the condition of the side
walk and that the wheel extended on
the ten-foot space about foot, Both
swore positively that the wheel had
been in that position for six months
prior to the accident and that on the
| EIlI.
removed. BY whom it was removed
they could not tell
They also testified to having known
Miss Duftin to be apparently physically
| well prior to the accident, and that
after she was able to be about subse-
quent to the accident. she frequently
passed them on the street without rec
| ognZing them, until they would call
| after her. The nature of the cut on
Miss Dufiin's forehead and complaints
| OF great pain in the side made by Miss
| Duftin, after being conveyed to her
| apartments, We're also testified to by
Mrs. Knapp.
At 3.45 the case was adjourned until
| today, to permit City Solicitor Watson
to appear before the Superior court in
the Neuls' case, which was reached at
| that hour.
Miss Dufiin, the plaintiff. is we'll
known both here and in Wilkes Barre.
When young girl she taught school
in the latter city, and lived with the
family of Colonel Martin, her senior
counsel. She later taught school in this
city, and at the time Of the accident
was conducting an employment bureau.
Since the accident she has continued
the employment bureau, nut, she claims,
with the aid of an assistant