The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1889-12-21
THE COURT HOUSE.
Notes of the Business Transacted This
Week In the Circuit Court.
JUDGMENTS,

| week In the Circuit Court.
| JUDGMENTS.
A decision in the case of Slingsby v.
the Highway Commissions of the town
of Wallace, John Macdonald and
Thomas Totel, was given by Judge
Dibell Friday. This case had been
hotly contested by both parties, and
the opinion, which is a lengthy one,
favors the complainant, Slingsby, in
some ways, and the defendants in
Others. The complainant is right
here and wrong there, as it were.
Slingsby lives in Wallace township,
and owns large amount of farming
lands. About two years ago the COM
missiOners were putting a tile through
the country for the purpose of drain
ing the highways. In order to make
connections, it was necessary to pass
through Slingsby's farm from a high
way west Of the same. SlingSby OBJ
jected to this and suit was brought
to enjoin the commissioners from run
ming any water from highway west
of Slingsby'S through his farm. This
suit was filed in the Circuit Court one
year ago last October, and the matter
has been in litigation ever since. The
case was argued before Judge Dibell
several months ago, and 600 pages of
testimony were taken in evidence.
MOloney 4 Stead represent Slingsby,
and Conway and Mayo looked after
the interests of the highway commits
sionerS.
The court held that the east one
half OF the stream of water must pass
over Slingsby's land, and the other
half must be carried off in another di-
rection. Slingsby is to pay one-eighth
OF the costs of the case, Macdonald is
to pay three-SiXteenths, TOtel is to
pay three-SiXteenths, and the commits
SiOners must pay the remainder of the
costs. When the difficulty first began
between SlingSby and the commits
SiOnerS, suit was started before a
justice of the peace and judgment
for $lS and costs was rendered against
Slingsby, but he appealed the case to
the Circuit Court. Judge Dibell dis
missed this appeal, and held that the
complainant, Slingsby, pay the judg-
ment and all costs connected with the
proceeding.
The commissioners have the priv.
lege of cOndemning Slingsby's land,
and can run the west half of the
water across his farm if they desire,
but in order to do this they must pay
him an amount of money sufficient to
Offset all damages to his property.
CHESSMOND-EvANs.
When the Circuit Court convened
Monday afternoon at two o'clock,
Judge Stipp instructed the attorneys
to make their opening arguments and
after this had been done, William
Chessmond, the first witness for the
plaintiff, took the stand. The eXami-
nation was conducted by Mr.. Moloney.
The witness said in substance that
he was coal-miner and had been in
the business a number of years. He
worked with his brother, 1.-THE com
plinant) in the Evans mine at Streat0r
in March of 1888. On the fourth day
of this month, in the afternoon, the
complainant, who was working in an
adjoining room, came into the room
in which William was running and
turned over sledge which he had Dor
rowed to use inbreaking coal. George
Chessmond then left the room and
went into the main entry, saying he
was going to see if the men had quit
work as yet. While passing the
hall or entry, a portion of the roof fell
in and a large rock struck George.
He was pinned to the earth, but was
liberated by the witness. He was
taken to his home, medical aid was
summoned, and for several weeks
George fingered between lifeand death.
T.. ll,y Ei1t hnnn
able to do any work since. The rock
which struck George Chessmond is
said to have been in the roof for sew
eral months, and the witness had told
the pit boss that it should be removed
as it might fall at any moment.
The hearing Of evidence consumed
several days.
Upon the converting of court Thurs
day, Mr.. O'Conor commenced his
argument in behalf of defendant
Evans and spoke for two hours. 1T
was an argument highly logical, and
besides presenting a critical analysis
of the facts involved IN the case, was
also strongly legal. 1t was one OF the
best eXpositiOns of the legal relations
between employer and employe ever
heard in the court house, especially as
to the hazards undertaken by en-
ployes, and when Mr.. O'Conor finished
it was felt that if his client did not
defeat the claim made by Chessmond
it could not be charged to failure on
the part of his attorney to properly
present his defense.
Mr.. MOloney commenced lmmedl-
ately at the close of Mr.. O'COnOr's
speech and finished at 2:45. He dwelt
mainly upon the injuries of Chess
mond, charging the accident wholly to
the negligence of defendant and deny
ing that the plaintiff in any wise CON
tributed thereto by his own careless
ness.
Judge Stipp's instructions to the
jury were very exhaustive and strongly
pointed towards verdict for the de-
PENDANT, but the jury went against
them with the result indicated.
The jury found for the plaintiff, as
sessing damages at $4,000.
Mr.. OConor entered motion for a
new trial.
Mr.. OConor and MacDougall are
confident that if a new trial is not
granted by Judge Stipp that they will
obtain reversal Of the judgment in
the ADDellate Court on the ground