Omaha daily bee., 1897-12-01
COMPANY WINS The SUIT
Judge Green Takes a Damage Gas, from
Jury's Hands,
GIRL WAS TRESPASSlNG WHEN HURT
Evidence Taken Held to ENoncrntc
the Bridge Company from All Liza
biIity for Bessie Hollings-
worth's Injuries.
GIRL WAS TRESpAsSlNG WHEN HURT

Judge Green brought the damage suit
against the motor company in the district
court 10 a sudden ending Yesterday. The
suit was to recover Sl2, 500 for damages sus-
tanned by Bessie Hollingsworth, the 1S-year-
old daughter of Sylvester Ho!llngsworth Of
Henderson, Ia, through falling down one
Of the private stalrways near the west end
OF the bridge. The plaintiff had concluded
the taking Of testimony and the defense had
examined witnesses to show the location Of
the stairway and to prove that it was not
! designed for public use, in support OF the
contention Of the company that the crowd
| OF people who took possession Of the bridge
on the night Of the Ak-SarBen parade
| were trespassers and had made the point
reasonably clear when Judge Green took the
case from the jury aud entered up verdict
| for the company. An order was also made
taxing the costs to the Claintiff. There were
number OF other similar suits in sight
which will now probably be dropped.
Mrs. d. w. Keller, Custana Weis, Electra
Roberts Geo. S. Sellard, and number OF the
other heirs Of the late Mrs Mary \. Platner,
began a suit yesterday that will involve all
of tie property left by Mrs. Platner. Owing
| to the fact that her death followed an acute
attack Of brain trouble and she had been in
previous good health, Mrs Pl6tneT died in
J
James Sellard and Judith Sellard as her
nearest relatives and representatives. Since
| her death the aged father has died, aud the
mother, now So years old and very weak and
! infirm. was left in charge of the property OF
| the entire estate. Mrs. Sellard has for a
number of years been making her home with
her son. F. B. Sellard A short time ago the
aged woman executed deed to large
amount of the city property to her son. The
suit started yesterday is for the purpose OF
having this deed set aside and to have the
son restrained from attempting to dispose Ct
the property The petition alleges that Sellard
, has acquired and is acquiring undue intiu'
ence over the feeble mind Of his aged mother
and is using that influence to secure posses
sion OF the large estate OF the Platner family
D. w. Keller signs the petition for his wife
Flora Keller.
The Norwalk township school district be-
gan suit in the district court yesterday
| afternoon for the purpose OF having
a judgment set aside. The suit is
brought against August Klopping and
/ Peter Johnson, who held the positions
OF president and secretary Of the district
school BOARD, and Henry G.. Fisher and son,
/ who were merchants doing business in
| Underwood at that time. The petition
, alleges that Hette Britton, wife of R. Brit
| ton. was engaged by the board to teach the
school during 1892 and that she became in
dsbtcd to Fisher & Son for household neces-
stiles. Suit was brought against her and
she assigned her wages to F. a. Turner
Despite this and the additional fact that she
was a married woman and her wages exempt
the petition alleges that Fisher & Son made
a combination with the school board officers
by which they accepted the garnishment
and tied up the school teachers wages
Later suit was commenced against Turner
and a judgment obtained without his
! knowledge. The district court is asked tc
set aside this default, annul the judgment
that has been secured against the present
board in connection with the Turner case
and release the wages of Mrs. Brtton.
Judge Green promulgated the second law
assignment OF the term yesterday. 1t fol-
| lows:
Wednesday, December Hewitt against
| Brown ct al; Hubert against Nonparei
Thursday, December 2-Lougee,. Guardian
| against Casady ct al; Theodore Voge
| against Casady ct al; Dunlap against City
of Council Bluffs; Ben Marks against Nc
Friday, December 3-Mitchell against, Chi
' cago e. Northwestern Railway Company
Mitchell, Administrative, against Chicago &
Northwestern Railway Company Especial.
Saturday Re2smber m95 sar3h ag5ng TT2aI
Lee Jones; Isaac Troup against Lee Jones.
Monday, December 6-Kate B. LincOlI
against Cassidy ct al; Jane johnson agains
New York Life Insurance Company.
Tuesday, December 7-Casady, jr.. agains
Fisher against sclmaideke.
Wednesday, December S-Wead, admins
TRAITOR, against Hannah, receiver (speciaD
| Thursday, December 9-The Sharples Com
| pany against William Wes.on; William II
Burr against F. H. Wind
Friday December 10-Smith against Inde
| pendent School District, Council Bluffs.