Omaha daily bee., 1895-12-21
The COMPANY In A HOLE
Ruling Of Judge Hall that May Cost the
Rock Island Some Money.
DAVIS CONVICTION is NO DEFENSE
Company Must show that wreck Vic.
Tins Contributed Their Death by
Their own NcgIigcncc-Lin-
coin Local Notes.

LINCOLN, Dec. 2O.-Cspeclal)-1 appears
chat II the ruling made by Judge Hall in the
case Of the Morse estate against the Rock
Island Railroad company holds good in the
supreme court the road will have TO pay for
every one Of the wreck victims. The acct
( dent occurred August 8, 1898, and eleven pas
sengers we're killed and a number wounded
George w. Davis, after three trials, was
convicted Of having wrecked the train. The
company In the late trial Of the Morse case
Set up that the wreck occurred through no
negligence on its part. 1t also filed a de-
murrer, which was overruled, and the case
given to the jury, without any evidence be-
Ing submitted by the defense. The jury re-
turned a verdict for the Morse estate of
$4,000. The court instructed the jury that
to entitle the plaintiff to recover under the
statutes OF Nebraska ii was only necessary
TO prove that he was a passenger and that
his death was caused by the wreck. The
court says this is presumptive negligence on
the part OF the company, and to avoid liabll-
ity for damages 1t is necessary for the com
pany to show that his death was due to
criminal negligence of the party injured, or
his violation OF some express rule or regula-
tion of the company, actually brought to
his notice. The case has been pending now
for over two years, and excitas a great deal
Of interest in railroad circles.
Today the American Exchange National
Dirk dismissed ls repleVin suit Tor that poT-
tion Of the Nissley stock of goods covered
by chattel mortgages to Claflin & Co., Har-
greaves Bros. and the State Journal COM
pany, but will fight that of A.. r. Nissley,
which covers the largest ard b5st part Of
the goods. q, 7. Lindsey Of Omaha has
brought suit in attachment for SAFE. AZ
against the firm Of Ninsley & Co.
WILL TEST THE STATUTE.
Mrs. NJ. l. Courtney, who was recently
sued by her mother to compel her to furnish
her ElnnOrt has HlhI n dprn,rrar vrbfpI ,,;ll
bring the issue of whether the statute pro-
viding that INDECENT persons shall be sup
ported by their next of kin is a valid one.
The demurrer takes the ground that, admit
ting the facts to be true, they do not con-
stitute a cause Of action under the laws.
There appears to be no chance for Presi-
dent Boggs of the German National bank to
settle up the affairs Of that institution in
stead OF the receiver. The only way in
which this could be done is by his appoint
ment as trustee by the receiver. To become
such trustee 1t would be necessary that all
the depositors Joined in a petition to that
effect. Evidently this is an impossibility,
Judging by the tone and temper of some of
the depositors. 1t is now rumored among
the depositors that certain interests were
given a tip Of the banks financial condition
In time to pave them any loss. 1t is init
mated that the county OF Lancaster received
warning and drew out SIS, 900 a short time
' before the suspension. 1t is known that that
sum was on deposit in the name of the
county, and when the crash came it had
been Withdrawn. Receiver Hayden has COM
menced work on the books of the bank, in
structions having been received from Wash
fngton to admit him and allow him to ia
m.liarize himself with its affairs. He has not
yet filed his bond.
Frank Ables, sentenced recently in Cass
county to two years for horse stealing, was
brought up from Portsmouth today and
landed In the psnitentiary. He was in
charge of Sheriff ]. C. Eikenbary. Ables'
home is In Lincoln, and he has been known
to the police here as n hard case for several
years.
Today A.. ]. Weaver and A. S. White left
for Iowa City to represent the Nebraska
university at the. meeting of the Interstate
Foot Ball association. They will present the
protest of the Nebraska-Kansas City game.
Isaac Byers. whose injury by being thrown
from a wagon was mentioned in The Bee,
died last night at 800. 1t was thought at
the time that he had suffered a confusion of
the brain. Two days since he was taken
with brain fever.
APPEALING FOR WALKER.
Governor Holcomb has received a petition
OF nlnety-four names from Lexington, asking
for a Communication OF the sentence of j. B.
Walker, sentenced to be hanged January 10.
Tho petition recites that Walker is insane,
and requests that he be sent to states
prison for life. The governor will not re-
turn from Sidney until this evening. Hon.
j. H.. McColl and Oil Inspector Edmisten
are among the signers Of the petition.
OMAHA PEOPLE IN LINCOLN.
At the Lindell-E. A. w. Smell, Vance
Lane, r. ii. Grotte. At the Capital-I. w.
Carpenter, George o. Brophy. At the Lin
coln-Adolph Meyer, o. b. Williams, w. T.
Holden.
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