Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1896-05-05
JURORS WERE FIRM,
No Verdict in Hatch VS.. Chicago.
Milwaukee and St. Paul Case.

The jury in the case of l.. o. Hatch.
administrator, VS.. the Chicago, Mil
waukce and st. Paul railway. a suit in
the federal court for $15, 900 damages
for death OF Judge Hatch at McGregor,
reported at noon yesterday that they
could not agree. The jury was charged
and sent out at 2 o'clock Thursday
afternoon and it was said that thev
stood s to for defendant from first to
last Judge Shiras yesterday noon
discharged them from the case. 1t is
not generally known, but the case was
singular one and involved two very
lmportent points, one of which has
never been decided by a United States
court except once in Missouri. The
late Judge Hatch, who had been car
ried past the depot at McGregor and
across Il bridge into the company's
yards, was let off the train south OF
the bridge. 1t was dark and he started
to walk back. The bridge is on a
public street and is used by the public
as foot bridge in conjunction with
The company as IL railroad bridge 1t
Is unguarded, there being 10 raised OBJ
structlon on either side of any kind.
The testimony showed that before
Judge Hatch had reached the north
end the lights in the vicinity threw
the shadows in such way that made
it seem that the end of the bridge had
been reached before it had in fact.
Witnesses testified that they had tried
1t and found the illusion present.
Judge Shiras instructed the jury that
if they thought from the testimony
that the circumstances as stated, the
lights casting shadows, made such IL
luslons, then the deceased Judge Hatch
had used all due care and there was
no negligence on his part in walking
oil the bridge. The other point was
whether the railroad company, be-
cause OF the bridge being used as a
foot bridge, was responsible for the
guarding of the bridge. The court
held that the company, having con-
structed the bridge, should have cor
structed in Il safe manner, and if it
was used jointly by the company and
the public the company was liable. 1t
was for the jury to determine, howev-
or, from the evidence whether the
bridge was SO used by both public and
company. There were many who ex-
pected verdict for plaintiff and the
disagreement was a surprise to them.
Messrs. a. Chaplin, of McGregor, and
John McCook, of Cresco, tried their
case for plaintiff in u very thorough
manner and it was from no fault of
theirs that they did not receive YER
dict. The defense was represented bv
very able attorneys, among whom
were Judge Noble, of McGregor, and
Hon. w. j. Knight, OF this city.-Du-
buque Herald
This is one of the most important
cases from the law points involved.
that have come before the federal
court in this state or indeed in the
United States, but one similar case
being reported and that in Missouri.
The law points involved were pre-
sented and argued by John McCook,
Mr.. Chaplin making the argument
from the facts presented in the evil
dence introduced, the court fully sus-
tanning the theory of the attorneys
for the plaintiff. That verdict was
not rendered III behalf of .he plaintiff
is probably due to the fact that after
the jury for the term was drawn some
persons in the interest of the railway
had taken occasion to see and talk
with the several jurors, the case in
that respect was like the Van Leuven
case, having been tried upon the
facts out of court, /, most reprehen-
sible practice. The attorneys in be-
half of the railroad, before the trial
began, assumed that the case would
be out of court in half an hour and
many of the jurors had been instilled
with the same idea, and that the case
involved neithermeri or Importance,
an idea of which they were not re-
lieved by the sound rulings of the
court. In the management of the
case Messrs. McCouk aud Chaplin
have won new laurels and will un-
doubtedy win the suit at the next
! term in DpcaIp her