The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-14
IN THE DISTRICT COURT
Leonard Brings Suit Against the
City for Damages.
WAS INJURED BY A FALL
Defective Sidewalk on Upper Main
Street the Alleged Cause An An
swer in the Inheritance Tax
Case Filed Yesterday.

A suit for 5000 damages was brought
In the district court yesterday against
the city of Butte by Phillip b. Leonard
on account of personal injuries sustain
ed by falling on defective sidewalk on
| upper Main street.
The complaint in the case alleges that
it is the duty of the city to keep the
| streets and sidewalks within the limits
of the city in good order and repair so
that they might at all times be pass
| able and safe for the use of pedestrians
| Prior to the 18th day of December, 1896,
| the defendant, in violation of it's duty
allowed that particular portion of the
! sidewalk lying on the east side of Main
| street, between Granite and Quartz
streets, and Immediately in front of Pat
/ Mullins store to become defective and
out OF order and unsafe, by allowing
| the Tagging or cement blocks to be out
/ of repair and in such a condition as to
| make the sidewalk dangerous to per-
sons passing over it. 1t is alleged the
| city for long time had knowledge of
| the unsafe condition of the walk but
| That the plaintiff was wholly unaware
| OF 1t, and on Dec. IL, 1885, while walk
| ing over the place he was accidentally
| ana with great violence thrown upon
the sidewalk and thereby sustained a.
compound fracture of his left arm and
wrist and sustained other injuries from
which he was laid up in the hospital for
period Of five weeks, and was COM
PEELED to pay out 1910 for surgical treat
ment and hospital fees. He says his in
JurleS are OF permanent character and
his capacity to earn a livelihood for
himself and family has been greatly
decreased and impaired, to his damage
in the sum of $4,000. for which amount,
in addition to the $210 paid out. judg-
aCyat
torneys are Bernard Noon and Booth
81 Cavanaugh.
In the action brought in the district
court by the county treasurer, against
the eXecutrix of the estate of jeremiah
b. wilcox, deceased to test the inherit
ance tax law as to its application to
real estate, an answer was yesterday
nled by Mrs. Wilcox in which she re-
cites the fact that by the terms of the
Will the deceased bequeathed all of his
property to her for herself and in trust
for daughter. The inventory and ap-
praisement showed that there was no
personal property of any value belong
ing to the estate, but the whole prop
erty consisted of real estate, and the
eXecutrix. on information and belief,
alleges and claims that under the law
in regard to taxes upon inheritance,
there being no personal property of the
estate, no inheritance tax whatever is
due or payable on the estate or the
property thereof; and she further al
leges that the clear market value of
the estate, after deducting the debts.
is less than $1,000. At the time of the
death of jeremiah Il. Wilcox there ex-
listed and was in force and unpaid a
note and mortgage on a portion of the
property for $3.50, which she paid off
from her own means and money re-
ceived by her from the proceeds of the
ne in haI, fr.4- r
of her husband. She made no claim
against the estate for the money paid
because she. was the deVsee under the
will and desired to discharge the in
debtedness. She further said there was
due w. A. Clark & Brother $2.719.25 on
note, which claim was presented to
her, but by an oversight she neglected
to approve it, but it should be paid.
The indebtedness of the estate is about
S7S69.25, which should be deducted from
the appraised value of the estate, which
was $4,000, and the clear market value
does not exceed $500. which would be
under the sum liable for an inheritance
tax. If the court should decide a tax
is due it should only be estimated and
assessed upon the clear market value
of the estate after deducting the in
debtedness, but the estate should be
entirely exempt from any liability for
any inheritance tax.
Judge Lindsay yesterday decided the
mining injunction case of John j. Cam
bers against William Lowry and others
in favor of the defendants. 1T does not
appear said the court in passing upon
the case, ito have been the intention of
the parties to the contract of lease that
the party of the second part should be
confined in the extraction of ore to the
300-fo level of the mine. If literal
Interpretation was given to the Ian
guage of the lease, the defendant would,
in effect, be prohibited from extracting
any ore from the property. In my judy
ment the intent was, that the lessee and
his assigns, be restricted to the stopping
of ore above the 300-foot level and be-
low the 200 1t matters not that they
commenced to work and extract ore be- |
tween the two levels referred to- If !
they had started at the 300 and stopped |
up to the point where they We're work. |
ing when temporarily restrained there |
would nave been no controversy, and |
there is now no just cause for COM /
plant. Although the testimony is !
somewhat conflicting, the provisions of |
the lease with reference to timbering, |
1t seems to me, have been complied |
with.
Il shall refuse to issue the Injunction
asked for, and the temporary restrain
ing order heretofore issued is accord
ingly dissolved
A motion of intention to move for a
new trial in the damage suit of Amelia
Sloan, against the Kenyon Connell
Commercial company and its trustees,
was flied in court yesterday by Mrs
Sloan, insofar as its action concerned
the trustees. The notice says the plain
tiff intends to ask the court to set
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