Los Angeles herald., 1892-09-04
THE CASE MUST GO TO TRIAL,
Judge Clark Rules Against a
Railway Company.
Happenings Yesterday in the Supe-
rior Court Departments.
Two Boys Sent to whittier-Miss Kate
Kurn Loved Not Wisely but Too
WeIl-Court Notes-New
Cases.

cieion in the case of Mrs. Frunk We. tn,
Southern Pacific railway company, b,
which the company's effort to have tn,
case knocked out, by quashing the sum
mons, failed. and the case will be triet
before jury. The court handed dowr
an opinion in the case, the language O
which is as follows:
''This is a motion to quash the sum
mons. The code of civil procedure, sec
ton 407, subdivision A, provides that ir
actions arising upon contract for the re.
covery OF money or damages only, the
summons must contain notice that
unless the defendant appears and an.
swers, the plaintiff will take judgment
for the sum demanded in the COM
plaint;' and subdivision of the same
section provides that in other actions
the summons must contain notice that
unless the defendant appears and an
swers, the plaintiff will apply to the
court for the relies demanded in the
complaint
''The summons in this case follows
the language of the lastsubdivision, and
the motion is based upon the contention
that the action sounds in contract, and
the summons should have followed the
first subdivision.
"The action is the result of plaintiff
having been elected from one OF the pas
Henger coaches of defendant, she claim
ing the right to ride therein from Los
Angeles to Dallas, by reason Of a ticket
purchased by her.
"The complaint is open to the objection
OF ambiguity. Among the allegations
it alleges that the defendant "williully,
malicIously, forcibly and wrongfully,
without any lawful cause. took hold of,
wrongiully assaulted, with great force
and violence, seized, carried, dragged
and elected plaintiff from out said car,
and threw her with great force upon the
ground, and then and there, refused to
carry her according to its contract afore-
said, and bruised, famed and injured
plaintiff go that she was not able to
leave her bed, etc. 1t prays damages
in the sum of $4,000.
sit will be seen from this, that it
would be impossible TO say whether it
her action upon the contract or upon the
WI hAu lOiiOWink tAO uA0b plCdu-
ings are to be construed most strongly
against the pleader, it would be treat
ing such pleader no worse than he de-
serves to assume that it was his inten-
tion to sue for breach of contract, and
therefore quash the summons.
However, am of opinion that sub
divisions and OF section 407 supra,
should be construed in connection with
subdivisions l and of section 585,
Code OF Civil Procedure, Sawyer vs.
Robertson, 20 Pac. Rep, 1867 and that
if the defendant should fail to appear
and answer, the clerk could not enter
Judgment for the sum demanded, but
: that it would be necessary for plaintiff
to have her damages assessed by jury.
The motion is denied"
HE WAS INcoRRIGIBLE.
The trial of William Colon, boy six
teen years old, whom Officer Gridley
claimed is an incorrigible, was held be-
fore Judge Mckinley yesterday morning
and was contested more stubbornly than
such cases usually have been. The boys
parents were opposed to his being sent
to the Reform school, and employed
Hugh j. Crawford to defend their son.
A number of witnesses were examined
for the prosecution, who stated that the
boy, young as he is,lis quite a tough
character. They testified that he runs
with bad characters, among them the
Abbott boys, visits houses of bad repute,
will not 60 to school, and in general
way 10 on the high road to become VIC
ious man. Mrs. Unity Colon, his
mother, denied the charges and said her
boy is only little wild, and that che
did not think he ought to be sent to
Whittier. After the testimony was
heard Judge Mckinley committed the
boy to Whittier for two years, and de-
MED an application for a writ of prob
able cause, pending an appeal. Mr..
Crawford also demanded jury trial in
the case, which the court denied.
CHARGED WITH SEDUCTION.
A complaint was filed yesterday after
noon by Miss Kate Kurns, before JUS
tice Stanton, charging man named AL
Hall with seduction. The complainant
is woman about 80 years of age, and
claims that Hall accomplished her ruin
under promise of marriage. She alleges
that he has kept promising to marry her
from time to time since she yielded to
his wishes, but that he puts off the time
whenever they talk about it, saying that
he has not enough money yet to carry
out his promises. 1t seems that the re-
suit of the intimacy between the two has
been to place Miss Kurns in an embar-
RAISING condition. When she ascer-
tanned her condition she determined to
bring this criminal action against Hall,
claiming that il a child should be born
he would then never carry out his
promises to her. The woman has been
living at No. 2291s Wilmington street,
and does not deny that the defendant
has been intimate With her right along
tor some time past. Up to late hour
last evening the officers had not been
able to find Hall, although it is not
believed that he has left the city.
THREE YEARS FOR CARMEN.
x Carmen Scales, a boy, l6 years of age,
was tried before Judge Smith yesterday
morning, upon complaint that he is
an lncorrigible, and was committed to
the Whittier Reform school for three
years. His parents desired to have him
sent, his mother alleging that che has
no control over him. He lately ran
away, to San Francisco, and they had
him brought back to Los Angeles for
the purpose of bringing this complaint
against him. His father died some
time ago, and his mother has since mar
ried man named J. M. White. The
parents are in pretty good circum-
stances, and have signifed their will
sx.n IN v,or bo1g 49,