The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-03-27

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Joint Action of the Mayor and
Select Council-Non- suit in the
Case Against the Mutual Aid As
sociation-Court Notes.
In the suit of eX-patlulman Martin
Flaherty to recover pay from the city
for two intervals when he was under
suspension. the jury, yesterday, re-
turned verdict for the plaintiff in the
fun amount of his claim, which. with
interest. was $3OO.4j
In 1897. he was suspended by Mayor
Bailey for four months pending an in
vestigation on charges of misconduct.
The select council was not consulted in
the matter. Nov. ., 1899, Mayor Moir
dismissed him from the force. Council
did not concur in the dismissal until
two weeks had passed Flaherty was
refused pay for the time he was under
suspension. and given only nine days
pay for the month of November. when
he was dismissed. He sued to recover
pay for the four months he was under
suspension and for q fun month in No
vCmbor.
city Solicitor Watson wanted To show
that when Flaherty was reinstated one
of the conditions was that he would not
ask pay for the time he was under
suspension but Attorneys Reedy and
Donahoe, counsel for the plaintiff. OBJ
jccted to the admission of the testi
mony on the ground that it was imma-
terial. and Judge Newcomb sustained
I lifl,y l,,,t
it would not be binding as it was an
act against public policy, or more spe-
officially speaking. an attempt to pay
the city for giving him employment.
Mr. Watson argued strenuously
against the acceptance Of the decisions
in the Walsh. Lewis. saul and Dyer
cases Which We're to the effect that in
Il third class city. an officer can not be
removed by the mayor without the con-
currenur of select council, but Judge
NeWcOmh accepted these decisions and
instructed the jury that the plaintiff
WAS entitled to the pay he was claim
ing. providing ii was true that he held
himself in readiness to perform the
duties of patrolman during the inter-
walls in question. The only question
submitted to the jury was as to Wheth
er or not Flaherty did hold himself in
readiness. and as this was unQisputed
the jury's task was an easy one. The
city solicitor will recommend that the
case be appealed to the Supreme
court
In the case of Mrs. Mary Ann Ryan
against the Delaware. LackaWanna and
Western Mutual Aid association for
81 600 death benefits. Judge Edwards
granted IL compulsory nOn-suit, on the
ground that the party insured was
non beneficial member at the time of
his death, because of his being in an
rears to the association. John j. Muir
ply and Thomas p. Duffy represented
the association.
A compulsory non-Suit was also
granted in the case of Grace Donnelly,
administratriX. against C. c. Johnson,
because of the non-aDpearance of the
plaintiff
The coal case of Thomas Davis and
others against A. r. Russell was halt
ed, yesterday afternoon, at the conclu-
sion of the plaintiffs testimony, by Il
motion by Messrs. Price and Hannah,
on the part of the defendant for bind
ing instructions. 1t was claimed that
the suit was brought more than six
Years allef lhe illeSed Illegal mining
OF coal TOOK place ana that the tfeble-
damages statute under Whlch the Snlt
was brought, does NOT apply IN case
where the parties are lessor ana lessee
but only in cases Where the illegal
miner has no rights on the property
Judge wheaton put the case over uh-
I'll tomorrow that he might nave t1me
to give due consideration TO inns new
point OF law
Judge Edwards Is engaged IN trying
the case or Mary Walsh ana others
against the borough OF Wlntoh They
sue for $1,000 FOR damages alleged to
have been done to lhelr property ana
injury to their health by Il staSnunt
pool at the rear of their lot, caused by
the borough blocking up Il culVert and
diNertng Il natural stream so that it
oVerioWed their land. Joseph O'Brien
and Frank M. Lynch represent the
plaintiffs. The defense IS looked after
leE ana 1ohn d. murphy
turned in Judge Newcomb's court, in