The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1885-05-12
CIRCUIT COURT.
The Lower Damage Case
Given to the Jury.
The Smith Damage Case Taken
up and Partially Heard.

The Sc is that of Maggie Lower and her
husband, Richard n. Lower VS.. the Mis-
souri, Psci6c railroad in which the plsin-
tiffss, seek to recover the sum of 100000
damsg,s resulting firm injuries received
by the plaintiff. Ma2gIe Lower, through
tine alleged csrelessp-ss and negligence OF
the defendant or of its employees. In the
bill filed the wife demands $4,000 for her
direct damages, whild the husband clsims
$4,000 Il loss of his serSi, es by reason Of
his detention with his wife In CART q for
her. The specifications state that on OF
about the 23i day of February, 1888, the
plaintiff, Mrs. Maggie Lower, accompanied
by har niece and two children, get On The
train at Sedslis 10 20 to e~den, Mo-,
their home. That on their arrival at the
latter STATION the train made 60 short a
stop that the sfiant was unable to
disembak until the c. 3 wee again in mo-
ZION, q. d that iu stepping from them while
shu> 10 motion she sustained such injury 10
her lie ankle as u cause her great dizzy
pin, suffering and expense, aud to finally
become cripple for life. The Csc his
Teen fought inch by inch by the sttorDt VS.,
ShIk and Ports, representing the rail OaJ,
and Montgomery, Lacy and W,lkeIson tor
the plainiIffs. The defense sought 10 prove
from a III, wing train was III i self such COZ
tributOry treles ness as 10 b ,r the plain
tiff fl, m a righI to damages for any ii Jar
les tn nigh have ben su,tsirei
Second, that thu plalrtiff did no. and nd
not suffered any severe or perm anent Ia iur
las such as were comp aiCed ", but tina the
crIl p ed Co1d.tlOn oil the plant IL was the
resnlr of ) Ime org 4nic dis .sse or defe, t.
/ ate bO
had ben DIES grated to examine the plain
ti8, we're catechissd very closely sn1 gave
vs=y learned dispositions on the nature,
character and results Cf spraiLS.
The cases were given to the Jury sho -tly
before noon and alter a long and protrac,-
ed wrang'e lasting until 10 p. m, they
failed 10 gree and weIe scharged. The
jury is Iepor e 10 have been eleven in
fovor Of $3.50 damages fni one for $500
d amaze. -
Tn mex, ca Of any Importance taken
up was Oue inv Olving
! A VICIOUS Dog.
Il this case Geo. L. Ne,bit, a minor by
MS N X friend, H. T. Sinne.r, seek, to re
covery 900 from VIM. Smith, the "; II
/ Known S-dalia butcher, for damages ri
/ / ged to have beel s1strin u by tn plain
/ TIL rom IN bUe II vicious dog all &c , 10
/ % the property of Jue defendant. In thl, !
case the q niavt sets W. Erst that he |
W reither the vw er or keeper of dog /
complained OF; .ecOld, that the deg wa
rot Il cious nature; thIrt, thai the |
/ pl in,ifi', own act was tie cause Of his =
IurieS fJu tn, tLat under any crcum
: ances the injurits were not CT q charac er
| TO ent;tle the defendant u anY damages.
4. n
length and not 6ni-ted until nearly six
o'c' ock. when it was given 10 the jury, who |
failing to agree were discharged at 10 p. ID.
last night.
Following is the docket entries
John w. Mason, VS.. {. F. Spray, dam |
gees settled and smi-S,d d.
Deere, Mansur & Co., VS.. John +. Stew
art ct ST., note death of defendant sug- /
ges,ed, and Other defendants file amended |
answer
Eli Paul vs.. the city of Sedalia, appeal
defendant files motioa 20 affirm judgm Mt
of tie Justice OF the peace.
J. :. Mcdowell VS.. .. III. Coe and Gallie |
q Gallie, note judgment and final by de-
fault for pl Unfit for Sl7245, with 10 per
cent interest
c. S. BoIannon VS.. Nancy E. Combs, ct
al, possession; death of VIM. E. COMBS,
def, ndani, sugg, std, aud his administers
tor, John K. Clopton, made party defendant |
in the supreme court, enters his appearance |
here and the cause stands revived against |
him by consent.
Clemens Hess VS.. Missouri Pacific rail- !
way company, damages; two cases; de |
PENDANT ii es answer IN e ch.
August Schulz VS.. same: same cause
same enirs.
VIM. :. Shirk VS.. Pstis county bank, |
account, continued by cOnSeut. :
Geo Snedaker Va. Henry G. Smith, !
specisl tx, cider Of Tutl ctti n 9gairst /
n,n-l sid-ut deieIdants IN weekly D. mo- |
ca.
Robert Gilmore VS.. Edna Morriso1, ap- I
real, dtSmi-s at dei.ndsn : costs.
Mo.rs Sullisan v. First Natl, bank /.
Il images, def miami ha, Lave 10 answer /.
sixty days fer term.
Or W Hard,can X Co. vs.. John c. \ len, (
d SIN ssed nv pIain'iilS at their COS.
>. III. aud \. ID. c.. ev IS. IL. W Wood, /
appel; s. { d AM dismissed a the cost Z
o. pl.inuff, ;. III. Co Y.
). NJ. WOtOwa vs.. \. V. Small, a,c1un, !; I
cOutigu d oy corS-nt
d. NJ. Osborne & Co., VS.. Margaret /
Fl, OK cl ,im..nt files replv.
J. A. Pilkin,'On ". tie city of Sedali1; [
settled and dismissed OF the CO n delena-
ant.
Eau Claire Lumber company vs.. W. D. |
Fellows, garnishee Of A. c. HavsTly, dis
miss d at cost of plsin'iff
Eiiey & Camp vs.. Chas. +. Kelk, gsrni.
shee of j. w. 1ruxsl, dismissed at plain
tifi's costs.
Same VS.. VIM. J. Kelk, same cause, same /
en- ~.
Same vs.. Andrew Kagley, same cause,
same entry.
Starr & Co. VS. Seibe & Helm. replevin /;
defendants have leave to answer so days \
aft term.
Catherine c. Wilson ct al VS.. Margaret
c. Wilson ct al, equity defendant files