The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-05-18
PROVO
WEDNESDAY,
WEDNESDAY, May Is, 1892.
HEAVY DAMAGE SUIT
For Injuries Sustained at the
Iintic Iron Mines.
Testimony of the Plaintiff : Other Pro
ceedings in the First District
Court, Etc.

Special venire was issued for sixteen
jurors TO be examined in the case of Sam
uel Bennett VS.. Tlntic Iron Mining COM
pany, in which suit IS brought to recover
damages for personal injuries sustained
which is alleged to have been caused by the
negligence of the company.
King, Routz and Thurman are attorneys
for the plaintiff and Farley Williams for
the company.
Mr.. Williams objected to the entire panel
after they had been examined, although he
had no peremptory challenges for the rea-
son that there was no regular panel in call
of the court and also because the marshal
had made his own selection. Mr.. King de-
INJURED to the challenge, which was sus
tanned by the court. Exception taken. The
case was postponed for the accom-
mediation of the defendants until
this day and special jury was
agreed upon. The jury was then
sworn and Mr.. King made statement of
what was purported to be the facts. The
defendants are operating the mines named
in the complaint, one OF which is an iron
mine. Last November, while employed by
| the company, the plaintiff was driving a
cart along cuts made by the company and
was directed to go beneath a precipice to
assert and load ore. A shot was put in the
| USuh near ny auQ tue foreman Il6
plaintiff to remove to safe distance. The
blast went eff and the foreman told the
plaintiff that all was safe. The cart was
backed up to the loosened ore and Bennett
went to work loading, when slide of ore
came down against him, carrying him
seventy feet below among rocks, causing
| injuries from which he will never thor
oughly recover The spine is seriously af-
/ fected, collar bone broken, other bones
broken and crushed, and horrible flesh
wounds inflicted. Suit is to recover S20 600.
Mr.. Bennett testified to being q married
man % years of age, living at Santaouin,
and that the only means of support he had
was the result OF his labor with team in
| the canon hauling ore, etc. Health had
always been good up to the time OF this
accident.
The witness then proceeded to tell how
the mine YVES operated and gave the facts
which were given in the opening statement
by MIR. King.
a. Rundeuist testified that he was at the
mine on the day Mr.. Bennett received his
injuries aud saw him after the fall over
the cut. The bluff over which Mr.. Bennett
fell was about fifty or seventy feet and the
place where he lit was on solid ground
/ The witness saw the land beginning to
cave away and rushed away to save him
self, therefore did not see the fail. Bennett
was carried away to q house after the &C
Al d very
William Bennett, brother to the plain
tiff. saw the injured man after the accident
and testified that he had the appearance Of
dead man, and was so severely injured
that he suffered great pain for several DAYS.
| J. II. Ellsworth stated that Bennett was
unconscious the evening after the injury.
The witness had spoken to him, but re-
ceived no reply. Suffering was intense,
when consciousness was restored.
DR., Shones Of Payson attended Mr.. Ben
nett after the accident, and found upon
examination, that injuries were sustained
throughout the system, causing a fever
AT present he Is suffering from fracture
and possibly dislocation OF the seventh
rib where it joins the breast bone. This
prevents the patient from breathing freely.
There are injuries about the back and the
probability is he will be more or less
affected Cor life.
The defense put in testimony to prove
that the company was not to blame for the
accident in any way. The case went to
the jury, who will present sealed verdict
this a. N.
Lon Smith, who some time ago plead ed
guilty TO the crime of adultry, came up tor
sentence. His attorney, a. @. Sutherland,
made q statement showing the position and
intention of the defendant. The Judge sus-
pended sentence until July 18th.
An application was filed and argued by
A. g. Sutherland for the appointment of a
receiver for the Provo City Railroad com
pany. A judgment has been awarded
Southworth Bros. for Sl100, and the attor-
ney contended that this was the only way
in which il could be executed. The road is
now in the hands of trustees. The court
has the question under consideration.
Stephen Ward of Juab was admitted to
} citizenship.
Charles L. Brown VS.. T. o. Sullivan; de.
murrer overruled, ten days given to an.
swer.
j. II. Jones VS.. Greenwood ct al mo.
ton to re,ax costs made by Judge Suther
land was overruled.