The citizen. (Honesdale, Pa.) 1908-1914, 1912-04-03
WILLIAM J. RAMBLE VS.,
PENNSYLVANIA COAL co.
Former Alleges Balance of $5O4.54
Due Him for Work Performed for
Defendant-Will Go to Jury
This Afternoon.


This Afternoon.
Judge Staples, of Stroudsburg, oc-
cupied the bench in the case of Will
liam ]. Ramble, of Hoadleys, versus
the Pennsylvania Coal Company on
Tuesday morning. Homer Greene
and f. p. Kimble were retained as
counsel for the plaintiff and Searle
& Salmon, our rising young lawyers,
and Charles p. O'Malley, of Scranton,
for the defense, who were represent
ed in court by their land agent, e.
M. Beyea, of Dunmore.
The jury called to try the case was
composed of Roy Brown, Berlin; c.
Budd, Berlin; j. l.. Sherwood, Pres
ton; e. w. Ross, Dyberry; j. E.
Schoebig, Clinton; Frank Strains, A.
T. Johns, S. J. Rutledge, Manches-
ter; C. e. Wood, Damascus; Thos.
Keegan, Buckingham; Ernest Dud-
ley, and Herbert Bassett.
The case grew out of an alleged
contract entered into between Frank
Rauschmier, and the Pennsylvania
Coal Company about Oct. l, 1900, for
cutting ties, props and lumber for a
period of three years. On December
/, 1900, the contract is alleged to
have been assigned by Rauschmier to
Ramble to continue the work under
the contract. Payments for the work
were to be made monthly, except 10
per cent. which was to be held by
the Pennsylvania Coal company until
completion of the work or on the ex-
piration of the contract; with aver
ment of delivery to the value of So
633.47. On August 13, 1901, Ram
ua hy Il NJ ho
his services were no longer required
as he was not doing the work to the
company's satisfaction. They then
agreed to have the contract reas-
signed to Frank Rauschmier, with
consent of the Pennsylvania Coal
Company for the completion of the
work. The company claims to have
paid Rauschmier all that was due
him and also the 10 per cent that
was due Ramble, as per agreement
entered into between them, at the
time of the reassignment. Ramble
admits that he received a check from
Rauschmier for 1925 for the 10 per
cent, but that the remainder of the
10 per cent. due him, which amount
ed to S509.54 was not paid.
The progress of the case was inter
rupted frequently by objections and
firing back and forth.
William ]. Ramble was sworn in
his own behalf and stated that he
had not received the $525 check
from Rauschmier when he wrote the
letter to the company inquiring about
a settlement of the 10 per cent. due
him on the contract.
Charles Shaffer, of Lake township,
also testified that he had frequent
dealings with the Pennsylvania Coal
Co." and said he had received orders
and contracts from E. M. Beyea, land
agent of the company.
For the defense E. NJ. Beyea was
sworn and stated that he was the
land agent of the Pennsylvania Coal
Company and had offices in Dun
more. He stated that Ramble had
come to his Office after he had sent
him a letter saying that he was no
longer needed. When asked what
conversation took place between him
and Ramble he replied that Ramble
had asked him what he meant by the
letter and asked if he was to lose
the ten per cent. by giving up the
contract. He said that he told Ram
BILE that if he would get satisfactory
person to assign the contract to, he
tDeyedJ WOulu pIOmlSc W pay
BILE all money due him from lumber
shipped and cut and would pay the
10 per cent. to the person taking up
the contract and Ramble would
have to make arrangements with that
person to collect same. The contract
was reassigned to Rauschmier in his
presence and agreed to there and
then.
1t was brought out by the defense
that the last communication received
by the Pennsylvania Coal Company
from Ramble was on April 20, 1904,
and that nothing more was heard
from him until suit was brought on
Nov. 4, 1908.
Ramble declared that he had
worked for Rauschmier after the con-
tract expired and did about SIS, 900
worth of work for him. He paid him
in checks and some cash.
AS we are going to press the at
tOrneys for the defense and plaintiff
are giving their arguments to the
jury and it is expected that a verdict
will be returned before evening.