Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-13
YET ANOTHER TODAY
The City Railroad Company Faces Ono
More Damage Suit.
$4,000 DEMANDED THIS TINE,
For the Death Of Little johnny Lloyd
Verdict In the Friedrich
sen Ease.

No sooner had ono Jury rendered itt
verdict In a damage suit against the
Salt LaBe CITY Railroad cotnpsuy, In
Cbiei Justice Merritps court This moru-
ing, than another was smpaneloI 10
try second cause VI action on the
same lines. In the one case a child
bad been seriously Injured, Ia the
other child had been allied outright.
SUED FOR $4,000. cor $500.
II WAS late yesterday afternoon when
the case Of Waller b. Ftledsfichsen, a
minor, by his guardian dd ht,m, o,car
FrieleTlchsen, was given into the luty's
hanus. Tue thai had occupied the
whole Of the Jay, and the Jurors were
Instructed to bring 10 sealed verdict
this morning. They al ~. The
amount claimed was tlO OlO, but the
verdict returned was tor 500 Unly, anu
II was slguuu ~ niue jurors.
Counsel lot the dricnsu Ut once Oh
jected TO the reception vi the niue
Juror verdict, tue the @ uft OvurfuIui
the motion. a stay OF thirty days wAs
then All lied isr BY Attorney Raulius
In which 10 prepare auu rye statv.
ment on motion fof new tfiai, snu
this was granted.
rne accident upon which suit was
brought occurred NJ tie istrr,cction Of
First SJutn sud Fift West streets iu
February, 1901. ihe child, toy
was about ia years old n, the tinis.
lie was shocked down by Que Oi thr
defendant cUmpauy's cars nuh sur
tniued such injuries 10 the loot that
three Of tue toes had 10 be amputalul.
inns hoy WAS KILLED.
Nearly su hour wEs consumed Ia the
empaneliug OF jury 10 ny thu case
wutcn " being invest z ted Today.
The plaintiff u John a. l. OyI aud tuu
,sfupuAnts are again tue SAILS Lake
Guy Railroad company.
In TINS Instance damages Ia the sun
OF $4,000 arc demanded for the death
Of IA, piaintit's son, JUhu W., alleged
10 have been uue to the catclessuUss
anu negligence OF the dc sudants.
The plaiutin II represented by
Richards a RicnaTds, with whom are
Hstoriatel Attorneys }. Al. Moylr anu
w. n. DicksOn. For the defendants
Attorneys Rawlins 4 CntchlOw again
HppvaE
Tue iRther Of the deceased child IL a
painter anu Tesiues near the corner OF
First South and Fiith West streets,
~ when point the fatality occurred
ON March IAN, 1891. A. that time
the boy Vas about teu yoArs OLD. Az
cording to the plAintii's side Of the
case, ne was sent on the date named
10 IA email store across the street from
the family residence, on an erTanu.
M he was about TO cross he Tell upon
the car Fails, aud the car struck him.
lie was carried distance OF from
thiity 10 sixty feet-th ugh the eye
witnesses dltier NJ TO distance-Aud
sustained such Injuries that he died on
Intervening Of the following day. rno
bones Of Que Of tue legs were terribly
crushed, tue limb itself being laid com
pletely open from the knee right
up to the body. Ho was also bruised
about the head. From the tirst Tecoy-
cry seemed hopeless. IL was claimed
that the boys death was Clearly the re-
tult OF cArlessness Rnd negligence on
ths part OF the company IN having
Jailed to provide proper motors anu
brakes 10 tho car, these being, II Ia
alleged, aiguHlly defective.
Tue defendants answer denying the
main allegations, sud aver that the
child's death was OcoAsiOncd solely by
his own negligence; that while the car
was being operated with care ana uil-
gence, the boy himself ran Ia front OF
u snu No met his death,
Among the witnesses called this
forenoon were the father Ot the de.
ceased and James Ward, the latter
formerly a mOtOrmau ia the employ OF
tue defendants. Mr.. Lloyd described
his sou AZ having ueen very inteill.
gent and steady boy Rnd one who
could always be- safely trusted " 20 en-
eTTanJs.
Ward, who was mo,ormRn Of the
chr by when little Johnny was killed,
stated that at the time IN question one
OF the motors was m working oTdet,
but the other was "dead," or useless.
Neither were the brakes Ia the beet VI
order.
Attorney Dickson asked the witness
% state whether Or NOT, prior TO the
day VI the accident, he reported TO an
Oflloer Of tho company the then con-
diuon OF th1 brakes aud motor upon his
car.
Witness said that he did, to the car
inspector, on the day before the acct
deut, The defect was also noted on
the report book Ia the car hOuse, he
believed two days prior TO the unlortu-
nate occurrence, but,sO Tar On he knew,
nothing had been done 10 remedy IL.
In orOss-exAminEtiOn by Attorney
Rawiins, Ward ssii the car was going
at the rate OF between four and tix miles
an hour at the time Of The sCoideut.
He rang tbs bell aud lrlel TO stop the
car, but the boy ran across the track
anu fell down 40 witness TeversHd the
motor. lie did not think thAt ~ the
boy had not fallen down he could
have got Out OF the way before the car
struck him.
The testimony IL In progress this
afternoon Aud the case will probably
occupy greater part or all, Of to,
morrow.
AKAlElDUSIUplC LIFE