The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-02-05
NoNsUIr DENIED.
The Railroad Cannot Endanger Lives by
Ejecting Would-Be Passengers.


The Railroad Cannot Endanger Lives by
Ejecting Would-Be Passengers.
OAKLAND, CAL, Feb. 4.-Judge Ogden
denied the motion for nonsuit in the
case of Colonel Wettstein against the
Southern Pacific for $4,000 damages for
injuries alleged to have been received by
plaintiff in being thrown down by a gate
man while attempting to board Seventh
street local train at Broadway on March
10, 1893. In doing so the court held that
the rule had been laid down in the case of
Meuk VS.. the Southern Pacific Railroad
Company, in which it was held that even
IN case OF trespass the defendant had no
right to eject him under circumstances
that would endanger his personal safety.
Inc flrst witness for the defense was G..
II: kellogg. ex-rairoad detective. He ad-
mltted to having tried to get on the plain
this side OF the case, and that he also
expected to get back into the employ of
the railroad company.
Judge Ogden this afternoon denied the
demand OF the defendants to compel the
plaintiff to submit to a physical examina-
ton. A motion by the defense to strike
the complaint from the hles and dismiss
the suit was also denied.
AIdrich Trustees Win.
OAKLAND, CAL, Feb. 4.-The trustees
of the Aldrich estate over which there lisa
contest involving the $500, 900 won the first
skirmish with the contestant William
Holt Aldrich to-day, when Judge Greene
denied the motion of his attorneys on their
objections to a hearing of the annual
account of the trustees. The motion was
on the ground that the court was without
jurisdiction and that proper notice had
not been given contestant of the petition
for the distribution OF the estate TO the
trustees
Judge Greene held that the Probate
Court had Jurisdiction, while on the
second point said the decree of distribu-
ton was conclusive as to the question of
notice. He deemed the right of a
collateral attack upon the notice. The
contestant was given ten days to prepare
and tile objections to the annual account.
Wants His Liberty.
OAKLAND, CAL, Feb. 4.-John Nc
Donough is tired of lying in Jail and has
instituted habeas corpus proceedings
through his attorney, Phil NJ. Walsh. He
was arrested January 30 on the request of
DR.. /. E. Green, but he has never been
booked, nor has there been charge or
complaint filed gainst him. Green iden-
tilted McDonough as the man who as
saulted him on Christmas eve, but since
the arrest Green has left, and no one
seems to know where he is.
Opposes City Ownership.
OAKLAND, CAL, Feb. A. C. Ham
mond Jr., an accountant in the employe
of W. j. Landers, the reputed owner of the
San Leandro gas plant, has filed suit
against the city of San Leandro and the
Trustees individually to restrain them
from issuing or from selling the bonds in
the sum of $4,000, voted for the erection
of an electric plant, and also to enjoin the
city and Trustees from engaging in the
electric business.
Scholars to Parade.
/ OAKLAND, CAL, Feb. 4-The Board of
Education has accepted an invitation to
participate in the local celebration of
Washington's birthday. They have also
granted permission to the principals of
the various high and grammar schools to
form the boys into brigades to join the
parade. This feature last year was one of
the most taking of the parade, and will in
all probability be again this year.
Now Assistant Fire Chief.
| OAKLAND, CAL, Feb. 4.-The Police
and Fire Commissioners met tonight and
appointed w. b. Smith, foreman of chem
ical No. 8, to the position of First Assist
ant Engineer and Fire Warden. His APP
pointment was sore blow to Fred Muir
doch, who rode in the red buggy until the
recent ordinances were passed abolishing
his office and creating the new one.
Healthy Oakland.
OAKLAND, CAL, Feb 4.-The Health
Officer reports only forty-seven deaths for
Oakland during the month of January,
which makes the percentage $40 to 1000
for the year, which is the lowest death rate
registered in this city since statistics have
been kept, which was in 1882. The nearest
approach wa 9 in 1887, when the mortality
rate was 11.93.
Drilling Firemen.
OAKLAND CAL, Feb. 4.-Chief Fair
of the Fire Department has inaugurated
system of drills for the various fire COM
panies so as to increase their efficiency
getting to and after they arrive at fire.
For some time past there has been no
drilling of the men except in case of
actual fire.
White-Sherry Nuptials.
OAKLAND, CAL, Feb. 4.-Chief Deputy
Sheriff William b. White and Miss Cecilia
Sherry were married In San Francisco this
morning, and have gone to San Jose on
their wedding tour. They will return and
go to housekeeping in this city.
The Murphy Settlement.
OAKLAND, CAL, Feb. 4-The reported
compromise of the Murphy will contest is
admitted by interested parties in this city,
but the amount. instead of being $4,000, is
nearer $780, 0G. Out of this the attorneys
must receive their fees.
HISTORY OF A DAY.