Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-04-19
THEDISTRICT COURT.
]. h. Slater Sues Tic U. P. Rail-
road To Recover $4,000 Damages.
ACTION OS A rRonIssoHY NOTE.


The frst case heard In Chief Justice
ueffitt'a court this morning did not
occupy more than quarter Of an hour
and was irlod by his honor a jury
having been waived. 10 was that Of
rerard A. NJ Froisuih Va u. Il. f..
Ward and George Ward, and tho action
had been brought 10 recover the sum o
$3.50. balance uuo on promissOfy note
for $3.50, with interest at 10 per cent
prr nuuum from August 1891, until
Maid, for 5000 interest on deferred
rsymcuts, aud costs Of suit. A. an.
.wor. the defendants rel up that tho
motto was given 10 DO the purchase
ufIcr OF certain lots situate Ia Salt Lake
county. That on July -g.h, 1891,
they were willing 10 pay the balance
due ON the note. provided plaintiff
would furnish them with clear title
and warranty decd 90 tho property,
according 90 the terms Oi agreement,
which. however, hu was unable 10 DO,
and such agreement they saii then
brrnmr null aud void. Defendants
alleged therefore that there was now
iur them 800, with interest Tor
which Gum they prayed judgment.
Hn Honor, after hearing the tgrii-
mluy, found for the plaintiff 10 the
tum Of $3.50 ana costs.
F0H PERSONAL iNIumEA
The sui, Of Joseph II. Slater VIZ the
Union Pacific Railroad Company was
next tried he'ofr n Jury, the plaintiff
demanding $4,000 damages Tor lcrJu'
aliniuuoa.
Sister il represented by Attorneys
BALDWIN and lAtl0ck nld the de'pu1.
anti by Attorneys l.. T.. Williams hud
ID. B. HumratCud.
AZ tho time " tho accident, which
occurred ON November 30, 1891, plain.
tlh was ~ ycars " age, ami in the
employ OF Mason and Company,
thcn lumber merchants, Of this
city. Ho ALLEGES that the acts 0I
uatelpuuUss, negligence and TgCEllH
misconduct on the part OF tho uuiotu.
alt company OF which be complains
consisted OF tho backing OF train %
blx cars ON "a private side track OR
swltch upon which no and o.hurs were
% the umu wording, no warning Or
dFua, % any kind having been pre-
vllua.y given. tits further STATED that
neither brakeman nor any UIhur per-
sJn was stationed urhr the enc 10 the
moving tmlu iu order 90 eco that the
slide TRACK was iruo from Ouulluc.iOus,
that the train was backed boy the uu-
icndnuu' employees into cloud Of
steam Cmnunu1g from tue adjacent
bulldlug without their fret taking the
prcciution u learu whether any per.
sons were standing around the
apll; that the train was hacked
10 an unusual lime Of the day, at an
unusual ratio Of speed, aui In utter die.
regard Of the safety " the lumber yard
employee. AZ 90 tue Injuries sustained
ny the pIniuun, hU says nu was knocked
uUwn by the engine, his entire body
was bruised aui tue wheels OF one or
more OF tho cars passed. over ono Of hit
ivUi, crushing anu managing 10 90 such
un extent as 10 cause him grea, suffer.
ing and the limb ~ Htill tu weak aud
partially disabled condition. Punitive
damages IA the sum of 5000 are
claimed, the t1ipl amount Guyd for
utiug $4,000, Interest anu costs Of suit,
rgs defense puts iu Ru answer deny
log all the material allegations OF luo
guncu on tho part Of the company
servants.
The heading will probably extend
over the whole OF tomorrow.
The Hamu case WIS tried before Judge
Anderson about three years ago anu On
that occasion uuutuit was entered.
Then "a motion Tor q now trial was app
Piled for and EurfUqucnt % that the
matter was carried on appeal 10 tho
Territorial supreme court, Resulting ~
1hu present rc.hearing.
VERDICT FOR oSE DOLLAR.
100 the case OF Charles Dean ST., OF oil
W Peter Andersou, tried yesterday,
the Jury today brought In aealol
verdict In favor Of tho plaintiff for 81
hsnod by nine Jurors.
EXCUSED.
Aliales Young, James Sllmln and
Wan. Archibald, petit Jurors, were ex-
uused Tor the term,
MORE JUEy1EN.
In pursuance o. the order Issued by
lhu court yesterday, u, 3. Marshal
Brigham tniB afternoon returned an
upen vunire OF twelve petit jurors fni
tho April term, ~ follows; }. II.
Whitney, John u. Spencer John q.
Adsms, J. -. q. Young, }. NJ. Wa.
pins, J. A. Davenport. Geo. b.
hlakely, Il. T.. PRATT ST., Il. g, Young,
y, +. lhOmAs Jr, Aiiales Young
le1cusgdl aud J.J, Gleason.
EAubsED.
Thomas Brown Va Joseph Marion,
nIFrnIaa.N imam sttfUfufIpf