The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-05-15
Heavy Damage Suit Against the
3. P. and O. 81.
OVER $4,000 CLAIMED
BY j. w. WEDEL, 4 CONDUCTOR,
FOR PERSONAL INJURIES.
The Trial In Progress-Injunction
Granted Against a Drug Company
--Toltec Ranch Company vs. Brig
ham City-other Cases.

The damage suit of J. W. Wedel VS..
S. H II. Clark ct al, receivers of the
Union Pacific and the Oregon Short
Line, in which plaintiff asks damages
to the sum of $55, 200, was commenced
before Judge Marshall in the federal
court yesterday morning.
In the complaint, plaintiff alleges that
he was employed as conductor by
the oregon Short Line, and that on
March %, 1897, he was injured at Green
River, Wyo., wh2e running a freight
train from Mt. Pelin to Green River.
AS the train reached the yard limit at
Green River and slowed up to pull into
the switch, q coupler broke and the
train parted. The rear section crashed
into the front. throwing the conductor
IN the way car over the stove and
stunning him. Upon recovering he was
in the act of getting out to flag NO. T.
the Atlantic express, and upon open
ing the door the passenger train was
upon them. He remembers nothing
during the following So hours, when he
was lying unconscious IN the hospital
In the collision, it is alleged, he re-
ceived injuries about the head, knees,
lungs and legs, the latter having to be
amputated. It is alleged that the coup
Ter on the freight train was defective;
that the express was running at high
rate of speed and ahead of schedule
time. when it should have slowed up at
the yard limit.
The defendants deny the allegations
of plaintiff and allege contributory
negligence on part Of plaintiff.
After the testimony of Wedel was re-
ceived. Judge Powers, counsel for
plaintiff. offered in evidence a portion
of time table in which it stated that all
trains in approaching yard limits must
be under control, in anticipation OF
finding the main line occupied me
schedule time of train No. was also
offered.
Joseph E. Toner, engineer on the
freight train, on cross examination,
stated that there was a rule requiring
freight trains TO keep OF the track
ten minutes ahead of superior trains.
The trial VIII be resumed tomorrow.
Plaintiff is represented by Powers,
Straup & Lippman, defendants by Will
lians. Van Colt & Sutherland, Young
&, Moyie and A W. Agee.
STANDARD VS.. ASSOCIATED
PRESS.
Judge Marshall sustained the demur-
rer of defendant in the case Of Stand
ard Publishing company against Asso-
ciated Press. Ten days time was
granted plaintiff in which to amend
complaint The ground of demurrer
was that complaint does not by amend
ed bill, state such a course as should
entitle to recovery or relief as is sought
by defendant.
INJUNCTION GRANTED.
The defendant in the case Of Edward
N Dickerson VS.. SmCot Drug COM
pany ct al. appeared in the federal
court yesterday morning and waived
issue Of subpoenae in equity and con-
7rryfe
Defendants admit the allegations OF
plaintiff that a patent was granted to
Bower & Co.. assignee Of Oscar His
berg of Barmen, Germany, inventor Of
a new pharmaceutical product known
as phenacetine, and that they have IN
fringed the patent and consent to de-
cree of injunction restraining from fur
Their infringement and damages to be
assessed TO the amount Of 81.
Judgment was so ordered by court.
The defendants include druggists
roughout the state. The pla1ntltf,
.dward Y. Dickerson, has filed COM
laint against Lorin NJ. King on a sim
ar complaint.
DISMISSED.
The damage suit Of the Strawberry
Valley Cattle company VS.. A Lunt was
dismissed by plaintiff in federal court
Yesterday morning. The suit was for
81 200 damages for alleged trespassing
by defendant in grazing cattle on land
ii Uintah reservation upon which plain
tiff had a lease.
In the suit of Edward Lewis ct al.
VS.. the Utah Land & Irrigation com
many ct al, the report Of Master in
Chancery 5. II. Lewis was confirmed
bv Judge Marshall yesterday morning,
and the sale of mortgaged property de-
scribed in bill of complaint was ordered
sold.
The defendant in the case Of Toltec
Ranch company VS.. Brigham City filed
a demurrer. Plaintiff alleges that they
own tract of land in Box Elder county,
the value being $1,000, which defendant
1luIaxfully withholds; value Of rent,
which is SIS per month, and restitu-
ton Of land is demanded. The demurrer
was overruled.
In the case of the California Wire
Works vs.. the Consolidated Mining &
Smelling company and Q. l. Davis,
Judge Marshall yesterday morning de-
creed that plaintiff should recover
S2.24S.z2. with interest. amount re-
naming unpaid from sale of property
by s. II. Lewis, master in chancery. The
property sold consisted of the Halidie
wire tramWay.
a. ". Agee Of Ogden was admitted
to the bar yesterday morning.
He Tas Described.