The record-union., 1892-12-14
DENZER NONSUIHED.
Judge Catlin Rules the State Fair Di-
rectors Not Responsible.
The Injured Man Cannot sue Them
Individually for Damages
Lengthy Arguments.

The suit of Michael Denzer against the
members of the State Agricultural Soci-
ETY. for $4,000 damages, alleged to have
been sustained by him in the collapse of
some ''bleacher'' seats at Agricultural
Park during the fair Of 1891, was resumed
before Superior Judge Catlin and a jury
yesterday morning.
Edwin f. Smith took the witness stand
again and testified that the stand COM
planned of was built three years ago. 1t
was originally intended for baseball ac-
commodatiOns, and the society purchased
it from the lessee Of the park. The wit
ness had considered it safe.
Michael Denzer, the plaintiff, next took
the stand. He testified that he lived at
DavisNille; that ne came to the State Fair
Of 1871 to exhibit stallion. He pur-
chased a season ticket. On September y,
lS9l, he was in the Park. and, at the invi-
taiiOn of some friends, he took a seat on
the stand. He had hardly been seated
when the stand fell. ono Of his legs was
injured and the hip-bone of the other
was iraoturad. lie was carried TO Philip
Nlebenthaler's residence, where he re-
manned three months under medical and
surgical treatment. AS a result OF the
fracture of the hip the leg has shrunk up
until IL has become two inche- shorter
than the other. He is b7 Years OF a-e.
and he said the accident so crippled him
that he IS unable To work. lie described
the 1all OF the stand, saying that il coll
llpscd toward The north.
Philip ~.ebenthaler, John +. Cav
aHaIgh, George X. Rider, and Rufus
EWterhe.d gave testimony in corrObura-
ton oi THAT o. DenZer, ana then the case
for the p.gintin G. sed.
The attorneys for the defendants an
nouHced ut the afternoon session that
they desired t. again move ior a uonsuit.
As they intended to cite a great many
authorities and consume considerable
time, the court excused the jury for the
afternoon
Attorney W. II. LAWSON then opened
the argument. lie went over some of the
points brought out when lie first moved
for q nonsuit at The beginning Of the
trial. but also argued on some new and
more telling points. lie cited the Cali
forlla case OF ere III and TrainOr VS.. Swift
Il al, Il decision written by Chief Justice
" dllace Of the supreme Court, in which
1t was held that the defendants, being
Swamp Land Commissioners, could not
be sued as individuals for the damage
done the lands OF the plaintifts-lhat they
We're not liable. Ii was also heId that the
damage was done While the defendants
were in the discharge OF their duties, and
action could only be had against the
state, if anybody. Another point raised
by Nj LaysOn was thai the plaintiff had
tailed to show gross negligence on the
part of the defendants.
\. l.. Hart, also for the defense, argued
that the evidence had not sustained the
complaint and Clinton IL. White, c1uu-
sci for the plaintiff, replied to The oppos-
ing arguments at length.
1t was quite late i'll rhe afternoon when
the arguments were concluded. Judre
Catln SAID be was satisfied now that the
directors could not lie held responsible
Tor the accident, and granted the motion
for nOnSult.