Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1897-05-28
AGREED TO DISAGREE.

AGREED TO DISAGREE.
Such Was the Verdict in the Case of Lillian
Jensen VIZ. the w. L. & p. Co.
All for Naught.
The Rapid City journal of the 22nd
contained the following account of the
somewhat noted case of Lillian Jensen
VS.. the Water, Light & Power COM
pany, which was tried at that place:
yesterday afternoon 21st) at 4
o'clock, after twenty-four hours delib-
Grafton, the jury in the case of Lillian
Jensen VS.. the Water, Light & Power
company of Hot Springs was dis
Acharged by Judge Gardner, it appear.
ing to his satisfaction that an
agreement could not be reached. Ear
" in the deliberations the jury stood
six to five in favor Of the plaintiff, but
one man changed his vote and from
that time on it was six to five in favor
of the defendant company, with no
sign OF 8 Cnange.
1.-THE case has attraced considerable
attention and during the trial Hot
Springs was we'll represented in the
city, one authority stating that twenty
three witnesses were examined for the
defendant and seventeen for the plain
tiff, nearly all of whom we're residents
of Hot Springs.
"The case was q suit for damages
brought by Mrs. Lillian Jensen against
the Water, Light & Power company Of
Hot Springs, 1900 being asked for on
account of demages sustained by the
plaintiff by reason of defendants
flume. OF this amount $1,000 was for
injury to plaintiffs health, $1,000 to
the family and the remainder to the
building.
LACK of space forbids more than a
brief mention of the causes which led
up to this long drawn out affair, eight
days being occupied in the trial, and it
is very probable that the difficulties
could have been settled without re-
course to the courts had there been
less of a factional feeling existing in
Hot Springs.
"As brought out in the evidence
some years ago G. L. Jensen bought
property of the Hot Springs company
and proceeded to erect a livery stable
thereon, the flume of the company be-
ing just where it is at the present time
and operating the same as now. AS
time went on Jensen became convinced |
that the flume of the defendant was
damaging his building and rendering
it unhealthy for his family by reason
of the dampness caused by what was
in his opinion poorly built flume.
From this has grown the case just
closed, the taking of evidence for and
against occupying number of days
"The defense introduced witnesses
to prove that the flume was as we'll
built as any in the Black Hills, that it
was rlghtfully and lawfully there, and
that plaintiff was fully aware of the
flume and its good Or bad condition
when buying the lots. Evidence was
introduced by defendant to show that
due precaution was not taken when
building the livery barn to use the
proper material to withstand the damp
ness which might be expected to en-
sue from close proximity to q flume, no
matter how we'll the latter might be
built. 1t was further shown that the
sanitary arrangements of the building
are of the poorest, which, according to
the evidence introduced by the de-
fendant, would account for any injury
to health which might arise.
"From the report of the jury it will
be seen that there was evidence to sup
port the claims of both sides, though
the preponderance of evidence seems
:. to be on the side of the defendant. 1t
is not believed that the case will ever
be retired, and, as said before, it prob
ably would never have been instituted
but for factional feeling arising from
other causes
Mr.. Jensen informs the STAR that he
proposes to proceed at once for another
trial, just as soon as the court will
hear it.
Marriage of Julian Setlg.yick.
The MANY friends in fha citv Of Mr.