Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-04-18
MATTERS LEGAL,
That Dimagl Suit Against tba 0. S.
/, aud U. n. Falls Othe GlOuld.
rx.ynEHrr BURT A DEFENDANT
4 Dispute As to The Possession VI Liud
Ventilated in Judge Barica's
observation-disclosures.

a sealed verdict was brought into
Judge zano's court at ton O'Clock this
morning by the Jury before whom wss
tried Sc riay the case OF john Rob.
ius0u w. the Oregon Short Line aud
Utah Northern Railway company, IN
which damages In the eum OF s25,On1
were c.simei on account Of the ue.tI
OF ll.uuil's
The circumstances were reported ia
yu,leriay's NEWS. The 10y was killed.
by itil.sf underneath q hsujclr on
tho c0mpauy's liuo oil road be October,
1899, while no aud his companions
were at play III re-.
The jury now found In favor Of the
defendants.
This is the third time the case has
been trIoi. on the lnt Trial IN the
IHir district court the jury gave a
verdict for hcplaintiG, awarding him
si0Oj, uut an appeal 20 tho Territorial
supreme court resulted iu the reversal
Of the Judgment OF the lower court,
ana the cause was remnniui Tor re-
hearing. The defendant nave this
umc succucIed Ia convincing the Jury
that the death OF the boy was not
attributable TO any negligence or care.
less act OF their employee.
WHOSE HORSE WAS iI2
The case OF a. q. Bat W.. cx.sherlT
a. j. BuIt et al. was the iirst on trial,
Attorneys Baldwin ami Tauock np.
ponriug Tor luc plaintiff aud Attorney
! Cherry Tor TIE defendant.
PAiutn cIaimud that IN October,
| 1891, hu WIS tue owner OF d bay geid-
iug unmuI "J0u," valued at $3.50. An
execution having been is.uua from cx-
| CUmiuissilurr NDyef'a court, about The
| Time nam Ia the suit 1i J.. H'gson a
Go. ". w. "A. whitney, the horse was
levied up4n uui tnkou pgslus ton q by
| Burt. Subsequently, On the animal
being advertised tor sale 8H zoe prop.
erty ui Mhituey, the plmutiT Bgst
notified BUT that the horse was his
property anu not Whitney,, anu that
| Butt would be held liabiu Tor damage
/ u he sold u. BUR-, however refused
%
| November s.ll him.
Damages 10 ,hU amount VI 500 aud
costs were nakUI.
Defendants ia their auewer, deny
thai Bast was the owner OF the horse,
ihe value OF which they place al about
500.
some time WINS consumed Ia getting
a Jury together, both sides taking "a
number Of exceptions.
DiCHEE Oh FORECLOSURE.
Mary +. Taggart vs. the Clrllou
Town l. and Rttatt O.. Default,
anu decree OF fore Cil.u fo entered.
WILL INTERVENE.
J. X. Burnbam ct al. W. T.. Alex
amber ct al. Ia this matter Warner
Bros. were allowed 10 intervene.
Will AMtND COMPLAINT.
John Monshan W. The bullion Beck
& Champion Mining Go. Plaintiff
was granted leave t. amend complaint,
At hts own cost, and the case postponed
till the next call the calendar. Five
days allowed TO answer.
tine COFFIN HARDWARE co.
The Northwestern Blrb Wire Go. ".
the T.. C.Conln Hardware Go. Deiau t.
and judgment Tor plaintiff for sbl6.i2.
a THANsFERENCE.
Attorney Gerald Jackson informed
| the court that he had arranged with
| Judge Blackburn ID Try the case OF
! PcfegO We. Dodge, uud He'd TO his
| honor judge Iaup 10 grant an order
transferring tbs case. 1he order was
Issued accordingly.
nFFORE JUDGE nARrcH.
Ellzabeth Bernhisol vs.. Martin
! Fissell. This matter was first sut-
NIT Oh on motion TO 1ic amended
ans6eT anu cross complaint which was
granted. Colonel Montgomery and
LODib urow aud Kahn appeared for
the plsintiI; for the d, fsndsnt. Attor.
noys H.. Is. CrI,Chiow Hud j. III. Hurd.
Tho action was brought for the re-.
covery Of the possession OF small
piece of lanl alleged TO have been
wrougully taken by defendant ffom
the plaintiff ON March 29nd, 1902.
] Damage la the sum Of 500 are also
claimed for tho destruction Of fences,
! fruit trees, ETC., on said lot, which "
situated on block 90, plat y, SAT- Lake
/ City survey,
Tine trial OF the case began about II
| O'Clock and was Ia progress when the
court adjourned ut noon.