The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-04-23
TWO DAMAGE SUITS.
A Shoemaker Wants $4,000
From Henry Yesler.
ne FELL TnaouoH HIS WHARF.
Barley Yiassrty Asks ofe.ooo Prem
n. uerts~r. YseISe-oshes Civil
ssias On Tvssi-Ths BIetfsr.

In Judge Humes' department. Of the SUI
r~-,or couYt yesterday. the case Oh Eooeft
Eoe.ner Va II. L. YesieY WAS on trial.
This il an action brought by the piasnnfi
demanding Judgment for SIS, 600 for dam
ages ALLEGED to hare been sustained by .
fail through . hole in defendants wharf.
In the com pIains the plaansin. shoe
rsake-, sIleges that by his craft be could
make 500 per month. that his injuries m
eapacsia,sd him for work for eight months,
during which he sustained = I0ss OF 500
and incurred liabilities to the amount o.
400. that Tor bodily injury and mental
anguish he sustained damages 70 the
amount a si3. 100; that ali OF these dam
ages were caused by the careless ana negii-
gent way In which the warf was con-
sfructed, and ths unsafe and diiapidatea
condition in which the wharf was at the
time. The plaintiff testified that on the
evening OF October 3, ISIS. be started Tor
the defendants wharf 20 take the steamer
Edith about Il, O'Clock in the evening. He
walked down the south side of the DOCK
until about 100 feet from its front, when he
fell through hole. Two policemen raised
him out and placed him In Providence
hospital where be was confnea 10 his bed
for eighteen weeks with perl
tonisls. caused by the injuries received
from his fall. He was taken with small
por. contracted at the hospital, and re-
moved TO the peet~house. where he was
kept four weeks. The smallpox left him
stsll unable to work, suffering with the
perisonitis a. before, and be was taken
from there to the poor-house. There was
considerable expert medical testimony in
srodueed TO show that the peritonitis by
which he was so long rendered helpless
was caused by the injuries inflicted by the
fall. The plaintiffs case rested upon ad-
journnent last evening. The case will be
resumed this morning.
JupoE sTRArTos's DETACHMENT
The suit against the Puget Sound Shore
road brought by Charles Enos to recover Q
sum for the loss OF household goods, which
had been ON trial before Judge Stratton since
last Saturday afternoon, was concluded
yesterday, and resulted In q verdict for
George Van Arsdaie, represented by the
plaintiff. Charles Enos, for s23i.60. The
points involved In this suit related princi-
pally to rates, and the liabilities therefor of
the companies under the interstate COM
mercc Law, NJ applied between members
and non. members OF the Transcontinenta
Association. IL was commended by the
plaintiffs attorney that inasmuck as
the Michigan Central's agent ac-
eepted the shipment for con-
sinuous transit to the destination
Seattle, that the iorsign road. In this case
she Puget Sound Shore. Is bound.to receive
- Lad rate and hal
the foreign company can not legally collect
any overchargc from the consignee. The
defendants agents were examined atlength
concerning the intricate workings of the
Joint tariff sheets This brought out what
is known In railroad parlance as ''commed-
ity" rates, which appear to give common
carrier more or less ieeway as to carriage
charges on different classes of freight.
Judge STATIONS instructions 10 the jury
were clearly given. and in q short time q
verdict was brought in rs above stated.
The defendants attorneys gave notice OF a
motion for new trial.
In the case Of Barley Finnerty VS.. the
Northern Pacific Railroad Company, it was
moved by the defense that the court issue
Sn order requiring plaintiff to give security
for costs in the action. and that proceed
inTs be stayed until security is furnished.
Judge ssratton granted fhis order. and will
continue the case accordingly.
This Is an action brought to secure q
Judgment for $1,000 for bodily injury and
mental anguish sustained by the plaintiff
while in the service of the Northern Pacific
Railroad Company as section hand. work
ing under John Moore. with a gang on a
section near Martins station, Kittitas
county. in September. iss7. The complaint
alleges that the plaintiff was ballasting
track. when the lever upon which he. with
three other section men, were bearing down
upon To raise the track suddenly slipped
les hold from under the rail, and came
violently down. the heavy lever and three
men falling upon the plaintiff. iutiicting
severe and permanent injuries 10 his spine,
so that from that day until the date of the
complaint, May Is, lssa. he had been able
10 do but eight days work.
JUDGE LrcHrESBKRs's DEPARTMENT.
The case OF Carlo de Paseulilo vs.. {. C.
Caikins and wife. another case growing out
a. the Italian labor contract let by Caikins
Tor clearing q tract OF East Seattle land.
consumed the day in Judge Lichsenbergs
department A large number of the horny
handed sons ct Italy were present as in
tefested spectators or witnesses, the ,es-
nmony Of the latter being reduced 10 the
comprehension of the court hy the
medium OF an Anvic;sei Italian in
terpretsr. which retarded the progress OF
tie trial. The plaintiff claims that e con-
uactcd with the defense 70 clear 5 acres OF
land In section Is. township "A. for SIS per
acre, ss5 OF which was 10 be paid in cash
aud Sso in lots at so each. The contract.
be claims, vas faithfully performed. but
thst be has received bat 500 In cash
whereas he should have received s.. 1874.
On The lots which he was To have received
he claims g. 40, The defense claims that
there was not one square foot of the land
cleared according 20 contract. There are
many witnesses yet Ia be called The case
I'll he resumed this morning.
CRIMINAL uBxiLKRs IL couEr.
2. o'frien. IL L. Mills. Fred Weaver.
f'nrnhAFdt Lenderman and ---- Gasser. All
memt~rs o. the Western Central Labor
Jnioa. against whom an action scr erirni.
nal libel vas hegun on Monday afternoon.
were arrested yesterday BY Deputy sheriff
" oolefy. IA whose hands warrants hal
hs~a paced for their arrest. They were
taken 10 the shsrldss osfiee bat were Al.
loved lie opportunity OF securing bail.
AT O'clock last evening the nlea were
hroaghi before JUDGE Humes to arrange
soF bal. fae amount had been previously
hsed a. ts9e toT sach mAa. hag upon mo-
ties II slegvatsats' attorney IL was reduced
se Is each The point wss raised thai the
Anaouht VAS excessive and should De re-
esssd IS t1e original amount applied in
ths sta atss 10 criminal Libel actions.