Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-01-17
THE SUPREME COURT.
Appeal By The City From Tho Yer.
dict Of a Jury For $1,000,
AcOw KILLED on THE RAILROAD.
Nellie Berlin Protests Against a Con.
,icilon Tor Grand Larceuy.-Thcre
We're No Opinions Seen.

At this day'a session Of the Terri.
l0rial Supreme court no opinions were
handed down. The Judges on the
bench were Associate Justices Mlser,
Barich aud Smith. Chief Justice u rue
lid not take psrt In the proceedings.
ruE CITY APPEALS.
In the case OF George Naylor, TO-
spondent, " the Mountain s'ono Co.,
salt Lake city and the Salt Lake City
i'AilfOad Co., defendants, and Salt
Lake CITY appellants, the respondent
was represented by Judge Powers and
Attorney d. n. slraup; Tor the appel.
ANTS Judge Hogo anu Attorney T.. Il.
Cosd appeared.
The action IN tho lower court was
brought by Naylor against tho defend.
ants for Injuries claimed 10 have been
sustained by him on the night OF Dec.
Ith, 1891, by their negligence and
cafoltrsneth IN placing large piles
Ut stone near the crossing
On the east eide of South Temple and
First South streets, the same, he stated,
having been left without protection, or
any signals 10 indicate danger. Plain.
ia, while driving horse and cart
along the thoTnughfafe was thrown
violently over the stone pile, receiving,
10 10 alleged, permanent Injuries. When
in The nct ui falling, Or lust after he
had fallen, the cart was struck by n
moving car Of the street company anu
he was dragged ulstauCe OF ten or
twelve feet. The evidence on the trial
showed that some time prior 10 the Ac-
clucnt the city lot contract 10 the
Mountain Stone company 10 do certain
paving Of ~ part " the street cross
inEt, nud 10 did the railroad company.
These contracts were sub.let 10 Wilkes
aud Palmer, who did the actual work.
On the hearing u the suit
In the Third district court, be.
ioto Judge Zane, the respondent
was nOu'suituI aa 10 tho Railroad
Company aud the Issue u facts WAS
tubmilIed 10 the Jury between Naylof
ana the other two defendants. A yer.
dict OF $1,000 was then returned
ngaiusl Salt Lake CITY, by whom the
present appeal lie prosecuted.
InE COW WAS KILLED.
There was one other case argued. In
this y, A.. Jeils was plainuti aud
respondent, represented by Attorneys
JOhn NJ Cannon and Barlow Fursu.
son, auu the Rio Gfands Western
Railroad Company. defendants and ap.
pellantsi for whom Judge Marshall
appeared.
Tho action was instituted by plain.
uh ~ recover $40, tue value OF COW
killed by collision with switch
engine while running north Of Sikh
West street. The case was tried before
Commissioner Pratt, vino found for
Jeus an the sum OF $40 and $3.50 costs.
An appeal being taken ~ tue Third
District Court . Jury returned YER
dict In favor Of piaintii IA tho sum Of
500, together with Interest az eight
Per cent sud casts, the later placed at
5000. Motion tor new trial was
made aud uvofrul0j. aud hence tho
lfrsout appeal
ARISING OUT OF a CRIMINAL TRIAL.
The case Of tue People Of tue Terri.
tory, plAintii uud respondent, We
Nellie Berlin, defendant aud appel.
liant, was submitted on briefs.
The cause was tried at the May term,
leOj, Of the Fourth district court.
(Judgo MinoD on An Indictment found
by the grand jury charging the defen.
uant with grand larceny. The trial
Jury subsequently iouud her guilty aud
she was svnluucei TO year In the
peniiontlafy. a new trial was applied
for, but the court overrulod the motion,
ami from tue Judgment IA appeal 10
taken.