Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-05-02
A CHANGE OF BILL.
Civil Business Took the PldCa Of Grim
inal Procedure To-day,
JUDGE zASE's HINT TO ATTORNEYS.
Reduction OF Damages IN suit Against
the Il. q. ". Railway C1.-"rhcat.
ricalv Training ola Witness.


ricalv Training Ola Witness
Chief Justice Zane this morning
took n hand ut civil buainess, the hear
ing Of motions, etc, occupying his
honor's time up I'll Halo, whom court
was adJourned until Up. m. Tomor.
row criminal cases will again be taken
up.
THE ASSESSOR UPHELD.
o. II. Petit Va Il. X. Cluie, assessor
and collector. This was an application
for an injunction TO restrain the col
lection Of taxes assessed for sprinkling
the streets in district No. ! Of this city,
and the case was recently submitted on
the pleadlngs.
His honor now held that the defend-
ant was authorized by the charter TO
make the assessment and therefore
denied the request for M Injunction.
a HINT TO ATTvRsEYs.
In the case Of w. aud I. Smith vs.
Il. II. Williams, q demurrer to COM
plalnt in suit on promissory note,
previously submitted, his honor sus-
tained the demurrer. 1rhe objection
taken by the defeDdanps counsel was
that, on the face Of the complaint, the
plaintiffs had no legal capacity to sue,
IN that the action was begun In tho
partnersh Up name without stating the
full names OF the parties.
The court saw no reason why plain
tiiis, In filing their complaints, should
not designate who they really are. II
was, the Judge added, great relaxa.
ton Of the rule even to say that the
pnrties might be designated by their
initials. That practice was INDUCED
In very much here; but IL was very
bad one. He thought tue christian
names ought always to DO given In
full, 80 that there could DO no question
upon the record Ia the event OF the
case ever being called up agaln. The
objection 10 tho complaint was well
taken.
Ten days time was allowed in which
10 amend.
EXCESSIVE DAMAGES.
In the case Of Frank ,Leake VS. the
Rio Grande Western Railway com.
pany, Judge Marshall gfgued mo.
ton for now trial.
The action was brought 20 recover
$4,000 damages Tor personal lnjuries.
The accident occurred ON the cotu-
LA
PIaintin was In the act OF unloading
ore, aud while no engaged train OF cars
came down u heavy grade without u
note OF warning. His leg was crushed
below the knee, rendering amputation
necessary, his horse was killed, and
the wagon demolished. The Jury on
tho recent trial found for the piaintlii,
awarding him $1,000, and counsel
now insisted that this was altogether
excessive for the injury suffered.
While, he said, Jnries were naturally
sympathetic anu should be given some
range In which to Indulge that gym
pathy, still II they compared this
verdict with those in ordinary cases
the excess would at once be manifest.
Where there was poverty on one side,
juries In cases OF this Kind were too apt
extravagant damages.
Judge Powers, on the part OF the
plaintiff, contended that the amount
awarded by tne Jury was not at nj
unreaso In view OF tho gross
carelessness exhibited by the com.
pany's servants. The plaintiff, ho
said, was twenty.seven years OF ago,
and a bright young man prior 10 the
accident, through which no had been
crippled for life. Leake was there not
M n trespasser, but pursuing his lawful
calling. Such, he insisted, was the
criminal negligence In this instance
that had tho plaintiff been killed no
believed an Indictment for man.
slaughter would have laid against those
directly responsible. The Jury were
not actuEted by sentiment or mere
sympathy, but by feeling Of justice
towards the Injured man. Tneref1re,
the verdict ought not to be disturbed,
During the argument Judge Mar
shall remarked upon the fact that
while the plaintiff Leake was giving
evidence on the witness stand be burst
into "a theatrical III OF crying,D and
suggested that that might have had
some influence upon the feelings OF tho
jury.
SLOW do you know It was theatrI.
CALI" queried Judge Powers with an
air of Indignation, either real or as.
sumed.
swell" responded Judge NIarshalI,
with significant look ut his inter-
rogator, "beoauso | think no had been
trained. (Laughter.) IL created
sympathy which would naturally
work on tho feelings or prejudice OF
tho jury, and might have entered into
their verdict"
Judge Zane said he was disposed to
think the amount awarded by the Jury
was rather high and confessed that no
himself would have been better satis
fled had they assessed the damages n.
$4,000. If the plaintiffs cOuuse,
would consent 20 n reduction OF Ia
amount by $4,000, leaving It $1,000
the verdict might stand; otherwise no
would grant the defendants "a new
trial.
Judge Powers said his law partner,
Ogden Hiles, was away from the city
ut present, but upon his return they
would consider tho matter.
SETTLEMENT OF STATEMENT.
In the matter OF the American Pub.
fishing 90. Va A. Fisher ct al. Settle
ment OF plalutill's statement Oh motion
for new trial.
10 PLEAD THURSDAY