Los Angeles herald., 1891-06-17


horses, numerous sets of harness, a
wagon, ETC., in a fire at Rosecrans,
which it is alleged was started by sparks
from the defendants locomotive, was on
trial before jury in department four,
yesterday. The fire occurred on May
IA, 1890, and originated in a stubble
field near the railroad track. 1t is the
contention of the defense that the fire
was carried to the stable by wagon
which was driven through the burning
field and then to the barn. The trial
will be concluded today.
FOR HEAVY DAMAGES.
The trial of the damage suit of Bar
tolo Balerino VS.. L. M. and John r..
Bigelow was in progress yesterday
before Judge Mckinley and was finally
continued till today. The suit is the
outcome OF contest over land situated
in Niger alley, in this city. Ballerino,
who claimed and still claims title to the
property, erected fence around the
land to enclose it. man who is called
in the complaint Orchard Roe," insti-
gated, it is alleged, by the defendants,
! smashed down the fence with a seven
| pound sledge while Ballerino was leaning
against it, on the 9Th of MAY this year,
and thus committed an assault upon the
plaintiff, for which he seeks SIC, 900
damages. Horace Bell and Horace AL
len appear for the plaintiff, and S. M.
| White for the defendant. The trial will
be continued today. The plaintiff in
this case is the defendant in another
suit brought by the Bigelows for unlaw-
full entry and detainer.
o'DEA VS.. BOOK.
Judge Clark, yesterday, overruled the
demurrer to the complaint in the case of
M. f. O'Dea VS.. j. III. Book ct al. The
ruling is of considerable general inter
est, and is printed in full as follows:
The demurrer to the original com
plant was sustained upon the theory
that the payment by the city to Burlin-
game, of the balance due under the con-
tract, was voluntary payment, and
that upon the principle where A and B
are jointly indebted in a certain sum,
and as between themselves are severally
liable for certain portion OF such in
debtedness, and each make a payment
on account, the payment of each being
less in amount than the sum for which
they are severally liable, and third
party then voluntarily pays the balance
due on such Joint Indebtedness, the fact
that A had paid larger proportion
than B had paid, would not entitle A
to equalize the benefit which both
derived from such voluntary payment
made by such third party, and to that
end compel B to contribute. l am,
however, inclined to the opinion, though
perhaps not free from doubt, that if the
payment of the balance of said Joint in
debtedness by such third party be made
at the request of A and B, and is sup
ported by consideration moving from.
them, then such payment should be
considered and treated as though made
by them, and if this be so, it follows
that A has not only paid more than B,
but has paid more than his proportion
ate share of the joint Indebtedness, and
is therefore entitled to contribution.
The amendment to the complaint set
ting forth those facts may possibly be
ambiguous, but is sufficient against
general demurrer. The demurrer is over
ruled. w. Ill. CLARK, Judge.
MENTALLY PERTURBED.
Two insane patients were examined
and two commitments to the asylum
were made out in Judge Smiths court
yesterday. Emily de Ferry, of No. 512
E. Fifth street, who has been a sufferer
from st. Vitus dance for the past 18
years, was adjudged insane by Drs. G.
F. Gillingham and B. F. Kierulh. The
testimony was to the effect that Mrs. de
Ferry was 53 years of age, native of
New York and the mother of eight chill
dren, the younger of whom is II. Her
husband, Zenis Ferry, is an employee of
the Los Angeles Construction company
in the capacity of teamster. She was
first troubled mentally several years ago
and has been an inmate of an insane
asylum in Iowa. Her malady has de-
veloped vicious disposition and she is
unable to live with her husband because
of her irritability. She has often
threatened to kill herself and has to be
constantly watched to prevent her set
ting fire to her surroundings. The pa
tient will be sent to the asylum.
John Houghmont, of 204 San Fer
nando street, is troubled with peculiar
hallucination. Some time ago he was
seriously ill, and friend gave him
so-called 'microbe killer" The adver-
tising matter accompanying the medi-
cine contained pictures of horrible
looking insects, which were said to be
the foundation of all disease. Hough-
mont, in his weak condition, thought
great deal about the matter, and finally
became insane. He now believes that |
he sees microbes" everywhere-on the
ground, in the air and on his body. He
is constantly removing these imaginary
creatures from his face, and seems to be
in constant terror. The patient is 43
years OF age, and has wife and one
child. He was committed to Stockton.
COURT NOTES.
In department three of the superior
court yesterday Judge Wade continued
the following cases for the term: Reyes
vs. Reyes, Western Electric company VS..
Rhodes ct AL, Stewart vs. Frankel, and |
Frankel VS.. Stewart.
Attorney Charles Monroe argued for
the plaintiff in the case of Bell VS..
Strong in department three yesterday,
and the case was finally submitted.
Mrs. Madrona de Quiquis did not ap-
pear when her case was called for ar
raignment in department one yesterday,
and Judge Smith forfeited her bonds.
Attorney Williams appeared for the de-
ftendant, however, and Mrs. de Quiquis
herself arrived in court later. On mo-
tion of Mr.. Williams, the court then re-
scinded the order forfeiting the bonds,
and the defendant pleaded not guilty to
adultery. The case went on the trial
aoln lnx,d dox f> l. III 4 L