The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-25
FLYNN CASE
NON-SU|TED
Court SuStains Motion Of Defendants
Attorneys to Take Case From
the Jury.
new TRIALS ASKED BY |. E. A. & ".


administrator against the Berger Man
ufacturing company and the. Stark
Rolling Mill company came to an alb
tupt end Friday morning upon a mo-
tion made by the attorneys for the de-
fendant companies to non-suit.
The motion was made first Thurs
day afternoon. but the plaintiffs at
torney asked to be permitted to intro
dhce additional testimony in support
OF their claim that the companies had
been negligent in sending Flynn to
work in a dangerous place. James
Wells was then placed upon the stand
and his testimony was taken, but it
was claimed that instead of strength
ening the case it weakened it and the
motion to ncn-suit was renewed
Judge Thayer. for the defense. stat
ed that Flynn had no reason for climb
ing up to the roof at the time he did.
That he was not ordered to do so; that
there were other and safer ways of
reaching the roof iC he had desired to
go and that the company was In no
way responsible for his getting upon
the track of the crane.
He insisted that the plaintiffs had
not made case and had failed to
show any negligence upon the part of
the companies and for that reason he
thought the case should be taken from
the jury. by the court. The defense
did not offer any evidence but the |
motion was made lust as soon as the |
plaintiff had rested.
JURY INSTRUCTED.
Judge Harter in passing upon the
sustained it for the reason,
as he stated. that there had been no
evidence introduced showing necli-
eence Ivy the defendants. The jury
which had been sent out during the
discussion OF the motion. was recalled
to thom and instructed them without
leaving their seats to prepare ver-
diet for the defendant and submit it
To- the court. This was done and the
rasc came to an end.
Flynn was a boy II years of age.
he was repairing the roof of the Stark
Rolling mill on September 7. 1907,
when a large travelling crane caught
him and crushed him to death. He
had been upon a scaffolding when the
men who were working with him saw
him but he climbed up over the crane
track and evidently was trying to get
through window to get upon the
roof when the accident happened.
Slit was brought by the admins
Irator for $4,000. Attorneys Upham
4 Shelter represented the plaintiff
and Judge A. A. Thayer and G. c.
Bow the defendants.
PETITIONS in ERROR.
The Lake Erie. Alliance & WHEEL
ng Railway company. through its at
torneys Lynch. Day & Day. has filed
petitions in error in the common pleas
20 Irt asking that the verdicts secured
by Katie Zimmerman and John F.
against the company be
,et aside and new trials ordered
1t is alleged that there was error
N the probate court in admitting ana
rejecting evidence and in the conduc;
If the trial and that the verdict was
not in accordance with the evidence.
NEW TRIAL WANTED.
The Equitable Life Assurance asso-
,iation, of New York. against which
Efie A. Hirst. of Cincinnati. secured
1 verdict in the Stark county courts
for $2,6s0 as insurance on
her husbands. life. has filed a motion
or a new trial, making the usual al
,gations OF error in the. conduct OF
he case The motion was filed by
lynch, Day e. Day
PROBATE COURT.
In, the guardianship of Harry Croxl
3f Canton the third account has been
lied.
In the estate of Anna Marie Mager,
Of Canton. Sarah Rochette has been
appointed administrative.
In the estate of George w. Hemming
Of Osnaburg township application to
probate will has been continued
In the estate of Mary Valleley of Al
lance, final account has been filed.
In the estate of Mary Track of Mas
sillon sale Of real estate has been
COT firmed and deed ordered.
In the estate of William p. Martin
Of Plain township sale of real estate
has been confirmed and deed order
I'd.
In the guardianship Of Sarah Barnes
nf Lawrence township she was ad-
Judged an imbecile and F.~C. Croft has
been appointed guardian.
In the estate of Otto E. Young. of
sale Of Massillon Social club
stock ordered and approved.