The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-06
BUSY DAY FOR JUDGE ROLAPP
GREAT NUMBER OF RULINGS
AND ORDERS MADE.
New Trial Denied In the Croco Case
Judgment Reduced $4,000 In the
Kennedy Case.

The March term of the Second dis
trict court opened yesterday, and &
| flood of decisions and other business
resulted. Judge Rolapp overruled two
motions for a new trial in the cases
for damages against the Oregon Short
Line and reduced one judgment
against the company something over
| s., 600. Business was taken up prompt
/ ly and such attorneys as were not on
/ hand had their motions overruIed, per-
mission being given in most cases to
reinstate their motions within a rea-
sonable time.
In the case of William Croco VS. the
o. S. L., in which the plaintiff Sc
cured a verdict of $1,000, the motion
for a new trial was denied. One of
the grounds on which a new trial was
asked was that the contract between
the plaintiff and client was cham
pertous. The court said on that point:
Il have considered that point care
fully on the trial and prefer now to
let the supreme court deal with that
question
In the case of Jonathan A Williams,
who also secured a verdict for $1,000,
a new trial was denied on similar
grounds.
In the case of Margaret Kennedy VS.
the Oregon Short Line, a verdict of
$3.50 had been awarded by the jury.
The court had charged the jury that
it should not give damages for grief
and bereavement. He thought the in
structions had been misinterpreted,
and a new trial was ordered unless
the plaintiff consents to a reduction
of the amount to $1,0S5.
SHORT ORDERS.
Sidney Stevens VS.. L. R. Rogers ct
al; the defendants demurrer was
overTuled and the defendants We're
given leave to have the same rein
stated in case they wish to argue the
same.
Abraham Smith VS.. R. G. Raybould
ct al; demurrer of defendants over
ruled and permission to have same re-
instated giver.
Marriott Irrigation company VS.. the
Bear River Irrigation & Ogden Water
works company; the demurrer of Og-
den City was overruled and 20 days
given this defendant to answer.
The demurrers of the plaintiffs to
the cross complaints of certain defend
ants were argued and taken under ad-
visement.
Eccles Lumber company VS.. Peter
PENDANT Starkey called and ordered
overruled.
Edith NJ. Bannon VS.. John T. Ban
non; demurrer argued and taken I'M
der advisement.
Ogden State bank VS.. R. ]. Hill ct
al; demurrer argued and taken under
B. o. Boswell VS.. Albert Kiesel; ac-
ton dismissed on the ground that the
mt
file a cost bond.
Sidney Stevens Implement company
VS.. South Ogden Loan, Building &
company ct al; the mo-
ton of plaintiff for a new trial was
overruled in the absence of attorneys
and a reasonable time for reinstate-
ment was granted.
J. NJ. Preshaw VS.. Ogden City Street !
company; plaintiffs motion |
for a new trial was overruled and a |
time granted for reinstate- |
ment of case.
Arthur A Steed VS.. George Harvey; |
plaintiff objected to defendants bill of /
on the ground that more /
than go days had elapsed since the 1
granting of the judgment. Motion was
)verruled and hearing on the motion /
for new trial was set for March %.
Hannah Carol VS.. r. A. Moyes; de- /
of defendant called and over
ruled and a reasonable time granted
'or reinstatement.
Charles Jay VS.. Alfred S. Burt; de-
nurrer was argued and taken under
idvisement.
E T. Hulaniski VS.. Ogden City;
bearing on demurrer set for March Y
1t pm.
Isaac Mckay VS.. w. H. Ward ct al;
notion Of defendant Belnap called and
,vArruled and a reasonable time grant
d for reinstatement. The motion of
defendant to tax costs and the motion
# plaintiff to strike out affidavits of
defendant Belnap to be used on mo-
ion for a new trial were submitted
W counsel for plaintiff and taken I'M
Ter Amusement