The citizen. (Honesdale, Pa.) 1908-1914, 1912-04-05

or OF the plalntlH In the sum oi
15S0.0S.
(Signed),
JOHN WELSH, Foreman.
The town council has instructed
S attorneys to take such steps as
bay be necessary to bring the mat
er before Judge Staples with the
lew of securing a new trial or set
ing aside the verdict rendered by the
ury in the case. Should they be un-
uccessful 1t is likely the case will be
ppealed to the higher courts.
y The damage suit brought against
he borough of Honesdale by Joseph
fenner, came to trial on Tuesday
fternoon before Judge A. b.
taples, of Stroudsburg, sit
ing in the courts of Wayne
ounty. The borough is charged by
oseph Menner of negligence in not
Maintaining the public street at the
orner of West and Fifteenth streets,
Fhere there was a ditch or gully
but across the road on West street,
bout 12 inches deep and several
eet wide, for the purpose of con-
ucting the water from the west to
he east side of the street where it
ould be carried away by sewer. 1t
ppears that on July IL, 1911, Jos.
lenner was driving the Menner &
o.'s delivery wagon and when at
he corner of East and Fifteenth
treets one of the horses kicked a leg
yer the tongue of the wagon and
ecame excited and started to trot
own Fifteenth street. At the corn
r of West and Fifteenth streets the
Fagon struck the ditch aforemen-
oned breaking a hind wheel and
werving the wagon against the
urb on the opposite side of the
treet. Mr.. Menner was precipitated
ut of the wagon which fell on top
T him. This occurrence led to the
uit for damages, the amount being
laced at $4,000, which was closed
esterday afternoon, the jury, after
few hours deliberation, finding a
erdict in favor of the plaintiff for
15S0.0S, that being the amount of
is expenses, work he had missed up
b this time, and they allowed him
25 per month for 8 years.
The case has occasioned consid-
rable interest to people in and
round Honesdale, for the reason
hat the suit was brought against
he borough and many surmises and
brent times concerning the outcome
f the case and the probability of
egligence on the part of the bor-
ugh council in not putting in an
ron pipe across the street at this
lace or a stone sluce. Either one
f which could have been put in at
ominal cost. Judge Staples ruled
owever, that if Mr.. Menner had con-
Fol of his team and knew of the
anger in going over this ditch, and
- billed to turn out to avoid the dan
er then he was guilty of contribu-
bry negligence and could not recov-
r damages from the borough. II
owever, he did not have control of
he team and couldn't turn into an
ther street, and went on to the
oint of danger, if the evidence show
that the ditch on West street was
nsafe for ordinary travel, then he
puld recover for damages sustained
the time.
A gist of the testimony given by
ach witness is given below. The
lrors drawn to try this case were
eorge w. Stevens, H. e. Decker,
Tarris Hill, Ralph Shaffer, Frank
dams, Horace Taylor, John s.
Welsh, Frank Dunning, Quinton Cur
Is, Herbert Akers, Charles Shaffer,
Curtis.
The plaintiff in the case was ably
epresented by Honesdale's poet
awyer, Homer Greene, while the de-
& endant was just as ably defended
y attorneys C. A. McCarty, c. p.
earle and r. M. Salmon,
Homer Greene stated to the jury
bat he intended to prove that the
orough of Honesdale was liable of
Negligence, and that such negligence
as the cause of the injuries sus-
aimed by the plaintiff, who would
e disabled for the rest of his life as
result of his accident.
The first witness sworn was Law
nee Weidner. He stated that he
las a street commissioner of the
orough and had been for four years.
e had charge of the maintenance of
lie streets under the supervision of
e town council.
George NJ. Genung was sworn. He
tated that he was a member of the
orough council in 1911 and had
cen member or years and was
lso on the street committee
Joseph Menner was sworn. lie
tated that he was the plaintiff in the
ase and lived on East street in the
orough of Honesdale where he has
we'd for 81 years. He stated that
e was employed by Menner e. Co. as
eliveryman and used a good sub
tantial wagon and gentle team OF
orses in delivering goods for that
rm. On July IL he testified that
e was out delivering and had par
els for Spring street and while
irving up East street, by some
ause unknown TO him one of his
orses kicked a leg over the tongue
the wagon near the corner of East
treet and Fifteenth street The
ne horse started on a three legged
hnter down Fifteenth street but he
estified that he kept them In the
enter of the road and had control oi
hem all the time. When they reach.
ID West street one of the wheels
truck a ditch and fell to pieces, al
be same time his head struck the
de OF the boxed-in wagon and he
new no more until he came to con
ciousness in DR.. Reed Burns hospi'