The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-06-24
7HB GOVERNOR SUSTAINED.
Court Will Be Held at Nephi
and Logan.
SUPREME COURT ADJOURNS.
Opinions Handed Down in Several
Railway Damage Cases.
Frank Leaks $4,000 Suit for the Loss of
a Leg--A Case in Which tho
Whole Jury Was
Challenged.

Whole Jury Was
Challenged.
The supreme court concluded its labors
yesterday for the present and adjourned
until Aug. 80. The present session has
been one of the most important ever held
in the territory, and for the first time in
the history of the court large number
of opinions have been handed down
gument aud submission. A few attor-
neys were disappointed when it became
apparent that decision in the church
cases was not to be handed down at this
meeting, but the cases are of great i'm
portance and the court doubtless needs
time in which to consider the questions
at issue.
NEPHI AND LOGAN COURTS.
The most important matter disposed of
yesterday was an oral opinion by Chief
Justice Zane in the matter OF the holding
OF districts courts at Logan and Neph1.
A brief and argument was prepared by j.
B. Jennings, of Nephi, and w. w.
Manghan, of Logan, and submitted on
June Is in support of Governor Thomas
proclamation fixing the terms OF said
court, and it was upon the same that the
opinion was rendered.
Judge Zane said: HIn the matter OF
holding of the district courts at Logan,
Utah, in the Fourth judicial district, and
at Nephi, in the First judicial district,
the act OF Congress in force June %, 1888,
declares that the terms and places as now
fixed by the statutes of said territory for
holding court therein shall remain until
changed by law. The territorial law In
force March 10, 1892, after designating
the counties which shall comprise the
various judicial districts of the territory,
provides: s'All causes, both civil and
criminal, in which the cause of action
shall arise in either OF the counties con-
shutting the districts as hereinbefore
named shall be heard, tried and deter
mined in such district at such time and
place as the governor may by proclama-
ton fix; provided, that in all cases a
change of the place of trial may be al
lowed, as is, or may be prescribed by
law
In pursuance of this law the governor
issued his proclamation, bearing date
April 10, 1893, and fixing the places for
holding the first, second and fourth terms
of the district court, in the district IN
which Ogden is situated, and the third
term is appointed at Logan. to be held on
the first Monday of September. The
proclamation also designates the first,
second and fourth terms of court in the
First judicial district at Provo, and the
third term at Nephi in that district on the
first Monday of September.
The court is of the opinion, and so
holds, that the act OF the territorial legis-
lature OF March 4, 1892, is valid, and that
the proc lamation of the governor issued in
pursuance thereof fixing the times and
places for holding the courts mentioned
in the proclamation is by authority Of
law, and there is no legal objection to the
holding of the courts at Logan at the time
and place named and at Nephi at the time
and place named.
THE WOODS DAMAGE CASE.
Associate Justice Smith handed down
an opinion in the case OF Sarah Woods
ct al. VS.. the Southern Pacific railway
company, appellants from the Fourth
district court.
The plaintiffs were the wife and chill
dren of George s. Woods, who was killed
in wreck on the Union Pacific railway
at Terrace on October Sth, 1890, and the
suit was brought to recover $40, 900 from
the defendants, on the grounds that
Woods death was the result OF their neg
ligence. In the lower court Judgment
was rem dered in favor of the plaintiffs for
$12, 900, but later it was reduced to g, 500,
was overruled, whereupon they appealed.
Judge Smith found no error In the
record below and affirmed the decision.
Chief Justice Zane and Associate Justice
Bartch concurred.
RAILWAYS SHOULD BE FENCED.
In the case Of Robert Simpson VS.. the
Union Pacific Railway company, appel
| liant, an opinion was delivered by Asso-
| ciate Justice Bartch.
In this case the plaintiff sued to recover
damages in the sum of $3.50 for horse
which he alleged was killed by train on
defendants line OF road, outside of any
| incorporated town or city, and at point
where defendants track was not fenced
on either side. In the lower court iudg-
ment was rendered in favor of the plaintiff
| for S132. so, and the defendant appealed.
| Justice Bartch was of the opinion that
the railway should have mad its line fenced
| in at the point named and hence affirmed
the Judgment of the lower court. Chief
Justice Zane anc Associate Justice Smith
concurred.
The following cases were argued and
| submitted:
HE LOST HIS LEG.
| Frank Leak vs. The Rio Grande West
ern Railway company, appellant, from
| the Third district court.
In this case the plaintiff sued to recover
$40, $40 for personal injuries received on
| the defendants line of roadI at Bingham
Plaintiff was an ore hauler and was in
| the yards of the defendant when the &C.
cident occurred. While crossing the rail-
way tracks he was run into by a number
of freight cars. His horses were killed
his wagon demolished and plaintiff wa;
so badly injured that his left leg had to
be amputated. 1t was also alleged
that the cars IN question wers
not attached to an engine and that no sig.
nal was given to warn plaintiff of theil
approach. In the lower court judgment
was rendered in favor of the plaintiff foi
S13, 80, but later it was reduced to $40,
80, and defendants motion for a new
trial was overruled.
Bennett, Marshall & Bradley appeared
of record for the appellant and Powers
Hiles and D. M. Straup for the respond
lent. The case was submitted on briefs.
CHALLENGED THE WHOLE JURY.
Samuel Bennett VS.. the Tlntic Iror
company, appellant, from. the First dis
trict court.
In the court below plaintiff alleged
that he had been in the employ
of defendants and while so engaged
was painfully and permanently injured
by reason of their negligence. Damages
were awarded plaintiff in the sum o
So, 600, and defendants appealed. Thu
principal error assigned by the appel
| lants was in the matter OF impaneling tn,
Jury by which the cause was tried. /
Iappears that the regular panel of juror
for the term of court in question had beer
discharged and that there was no jury il
attendance, but the court made an orde