Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-04-19
THEDISTRICT COURT.
J. n. Slater Sues Tie U. P. Rail
road To Recover $4,000 Damages.
ACTION on A rnOnrs,onY NOTE


The first case heard in Chief Justice
Nerrlt,s court this morning did not
oecupy more than quarter Of an hour
and was tried by his honor a jury
tnvine been waived. 80 was that Of
uerard A. NJ. Fr1i1eih Va y. ID. f..
Ward ana George Ward, and tho action
had been brought to recover the sum %
$3.50. balance uuo on promiaory note
for $3.50. with interest at 10 pcg cent
psf nnuum from August 1891, until
maid, Tor $3.50 interest on deferred
rnvmputs, and costs OF suit. A. On.
swrr. tho defendants sel up that the
note was given 10 DO the purchase
price OF certain lots situate 30 Sal. Lake
county. That on July -1.h, 1891,
they were willing TO pay the balance
Iuu ON the note, provided plaintiff
~1uld furnish them with "a clear title
and warranty decd 90 the property
according Co tue terms OF agreement,
which, huwcyts. he was unable TO DO,
rnt such agreement they slit then
brepmu null aud void. Defendants
ALLEGED therefore that there was now
dine thum 900, with interest, Tor
which sum they prayed judgment.
HE Honor, after hearing the tgsti.
mluy, found for the plalutn Ia tie
fum OF $3.50 anu costs.
FJH PERSONAL INIumEl
The rui, Of Joseph H.. Slater VI the
Union Pacific Railroad Company wac
next tried before Jury, tho painful
demanding $4,000 damagps Tor pUrsJu.
Minlufica.
astrfis rcpreloutcd by Attorneys
BALDWIN aud ratl0ck ald the defend.
anti by Attorneys l.. T.. Williams nnd
ID. ~. Hampstead.
1.-THE time Of tho accident, which
HHcurfru ON November 92, 1872, plain.
un was - ycars % age, AMI iu the
employ OF Mason aud Company,
thea lumber merchants, 0i this
city. ilu alleges that the acts of
ratelrnuuHs, negligence uuI reckless
misconduct on the part %, tho defend.
act company of which hu complains
consisted OF tho backing ot % train 90
blx cars Un "a private side track or
switch upon which ho and o.huys wrrc
at tho umu working, ul warning OF
6igual 90 any kind having been pre-.
ylHusly givuu. IL o. further stated that
uulthgr brakeman nor any other per.
slu was stationed NEAR tue oul % lhr
moving train Boo order 20 see that the
s.lu ilaCt was ifru from 0hHlfuc.i0us,
that thU train was backed by thU ly-
icndnnu' employees Into % cloud Of
steam Cmauhulg from tho adjacent
tuilIlug without thUir fret iaails the
pTcClution % learn whether any per.
sons were standing around the
spI; that tho train was backed
10 an unusual time OF the day, at an
unusual rato Of speed, and In uticr die.
regard OF the safety " the lumber yard
employee. As 90 tho ipjuriea sustained
~ the plaintilI, hosayH nu was knocked
uUwn by the engine, his entire body
was bruised auI the wheels OF one Oh
more Of tho cars passed. over ono OF HE
Iuct, CrushiHg anu maug INK it 60 such
au extent as 10 cause hlm gfen. suffer.
ing AMI the lint ~ stll in a weak aud
partially disabled condition. Punitive
damages M the sum of 5000 are
claimed, the tl,el amount 6uyl for
uuluE slb,Ull, Interest anu costs Of suit.
Tue defense puts lu Nn answer deny
Cog all the material allegations OF Iuc
complaint, ns 10 Catclcssuts8 or uugli.
genes on the par, Of the company
servants.
The holrlus will probably extend
over thc whole OF tomorrow,
The same case WIS tried before Judge
Anderson about three years ago ami on
that UgCabiou o. uOutuil was entered.
Then "a motion flf now trial was up.
uiloI lOE aud FurftquUut % that the
matter was carried On appeal 10 tho
Territorial supreme court, Resulting iu
th1 present fe.hrarlng.
VERDICT rIH OsE DOLLAR,
In tho case Of Charies Dsau ST., q, nj
VI Peter Anderson, trlol yesterday,
the Jury today brought In HraleI
verdict Ia iayoroi tho plaintiff for 81,
aligned by nine juror.
rScusFp.
Al'alys Young, James salmon and
Wm' Archibald, petit Jurors, were OK
cuaud Tor tue term.
MORE JuRyMEN.
Ia pursuance o. the order Issued by
lhu cOud yesterday, u. B. Marhul
Brigham tnin afternoon returned an
oreu vuuire Vt twelve petit jurors Tor
tho April term, as fOllOwt: }. r.,
whitney, John ID. Spencer, John q.
Adtms, j. ID. g.. Young, j. NJ Wig.
Pins, ], a. Davenport, Geo. B.
EIakely II. II. Pratt ST., Il, e. Young,
", +. lh0mls IT,, AiiAles Young
leEcuaedl and ID. Gleason.
DrmssrD.
rh0mas Brown Va Joseph Marion,