The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-12
BUTTE News.
UNITED STATES COURT
Judge Knowles Decides an I'M
portant Question.
HEIRS WIN FIRST FALL
Suit for Damages Against the Oregon
Short Line for the Killing of Michael
McAndrews. g Section Boss
at Divide.
HEIRS WIN FIRST FALL

An important point was decided by
Judge Knowles in the United States
court yesterday. and by it the heirs of
Michael McAndrews, who was killed in
an accident on the Oregon Short Line
railroad in 1895 won the first fall in
the suit for damages brought by the
administrator of the estate of the de-
ceased.
Michael McAndrews was a section
boss in the employ of the Short Line
at Divide While in the discharge of
his duties he had occasion to board
passenger train. While the train was
in motion he fell off and sustained in
iuries so severe that ii became neces-
sary to remove him to a hospital for
medical attention. He was taken on a
freight train to Ogden, Utah The
train made such slow progress that ii
was in the neighborhood of AS hours
before the deceased received medical
attention. MeAndrews died from the
effects of his injuries and his brother,
=. j. McAndrews, who was appointed
administrator of his estate. sued the
receivers for $4,000 damages. setting
up the contention that the deceased
came to his death because of the ne
glect of the receivers in not procuring
surgical attention at Dillon the near
est point at which such surgical atten-
ton could have been had instead of
subjecting the injured man to the de-
lay in procuring medical attention
which was occasioned by taking him to
Ogden.
The suit for damages was filed in
the federal court. subsequent to the
reorganization of the Short Line, and
the discharge of the receivers. The
defendants, through. their attorney J.
:. Shropshire. filed a plea in abate
ment, setting up the contention that
as theisuit was filed after the discharge
of the receivers the latter We're not
responsible having been discharged.
Attorneys j. l.. Wines and M. ID.
Ieehy for the defendants demurred to
the plea in abatement, taking issue
with the contention of Judge Shrop-
shire and arguments on the demurrer
were heard Wednesday of this week.
Judge Knowles took the matter under
adVisement and yesterday rendered his
decision sustaining the demurrer. In
stating his reasons for the decision,
Judge Knowles said the receivers had
not been discharged as regards their
liability in such actions, in which the
accident occurred during the time they
We're in charge of the road
The defendants We're given five days
TO file an answer and Judge Shropshire
excepted to the ruling of the court
and was given 10 days to file bill of
exceptions.
One of the big mining cases occupied
the attention of Judge Knowles the
greater portion of the time during the
afternoon session. 1t was the case in
which Lewissohn Bros. seek TO enjoin
the Anaconda Copper Mining company
from selling to +. Auguest HeinZe parts
of the Sullivan and Snow Bird lode
claims. on a proposition of Heinze tn
the board of directors of the Anaconda
company to purchase for 100000 A
meeting of the stockholders of the Ana
conda company was called to act on the
sale. but before the meeting was held.
Iewissohn Bros. came in With an offer
of S150.000 for the property HeinZe de-
sired to purchase and brought suit IL
have the sale stopped unless made for
at least Sl50000.
Lewissohn Bros. made application for
preliminary injunction To restrain
the Anaconda company from making
the sale to HeinZe. which was heard by
Judge Knowles at Helena and the i'm
junction denied. The plaintiffs APP
pealed to the United states circuit
court of appeals at San Francisco and
the matter is still pending there.
The hearing yesterday was on de-
murrer TO the plaintiffs bill of COM
plant. the defendant claiming that the
bill did not state facts sufficient to en-
title the plalntlfIS To any relleI- Judge
w. ". Dixon and William Seallon ap-
peared for the defendant, and in their
arguments contended that the stock
holders should have been made par
ties to the suit. that the suit should
have been brought on behalf of other
stockholders as we'll as the plaintiffs
and that the plaintiffs should have
made their offer Ia a meeting of the
stockholders. which was not done.
Attorneys Lewis Marshall and j. +.
Forbis. appearing for the plaintiffs,
contended that the other stockholders
of the Anaconda Copper Mining com
pany were not necessary parties To the
suit and that the Anaconda company
intended 10 accept Henze.s offer To