The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-16
WANTS Sl5,O0OO DAMAGES
John Browns Body the Worse for
an Accident.
HE FELL DOWN SIXTY FEET
That $4,000 Note Case to Be Tried
Again Before Judge Clancy-Aneea-
tons Made In ths DESCENDANTS
Answer-Court News.

John w. Brown. one Of the men who
was injured in the fall of a scaffold at
the new Hennessy building last June.
yesterday brought a suit in the dis
trict court against the GiiIett- Herzog
Manufacturing company for $4,000
damages on account Of injuries he sus-
tanned. In his complaint Brown al
leges that the defendant company was
the contractor and had full and COM
plete charge and control I'm the con-
struction OF the iron frame work of
the building. On account of the ex-
traordinary height of the building and
the extra heavy material used. IL was
necessary for the company to use or
binary care and diligence In erecting
~scaffolding to be used by the employees
In handling the heavy material. but the
defendant refused and neglected to ex-
ercise proper care. On the 25th of last
June the plaintiff was in the employ
Of the defendant and under its direc-
ton. Fred Whiteside and brother were
at the same time engaged under CON-
tract with the owners Of the building
to do the brick work. and the employees
OF Whiteside Il Co.. were working near
the fourth story OF the building and
had constructed a ~scaffolding to be
used only by the brick masons and over
which the defendant had no
control whatever. On the date men,
toned the brick masons with their ma
terial We're using the scaffold and the
latter had about 500 pounds OF weight
upon IL and was taxed to the full ex-
tent of its capacity. all OF which the
company well knew. Notwithstanding
the fact that the scaffold was struc-
turally weak and could not sustain a
heavy weight. the defendant ordered
the plaintiff. In company with other
employees. while they were carrying a
gin pole. to walk upon the masons'
n n the latter was not strong
enough to sustain the combined weight
and gave way and fell with the plant
in and other employees to the base
ment of the building. a distance of 90
feet. The plaintiff sustained injuries
that have permanently disabled him.
He was confined in the hospital for six
months n his left arm is totally par
alyzed. n he will never be able to
perform manual labor again. to his
amage I'm the sum of $751; 00. for which
amount judgment is asked. The de-
fendant Is a Minnesota company.
The s25. 900 note Ease OF Fred Radue
against Cyril Pauwelyn. executor Of the
III luOny tStdtc, Is 10 De tf1e0 |
again in Judge Clancy's court. At a
former trial h jury decided that the
note was a forgery. but the supreme
court granted a new triei on some law
point. Yesterday the defendants at
torneys filed an amended answer I'm
the suit alleging that the note Is a for
gerry M that IL was forged and pro-
cured to be forged by DIR. Joseph wey-
erhorst. TO whom IL was made paya-
BILE. The answer alleges that Wey-
Is the real owner of the note |
and that Radue and W~eyerhorst fraud
ulently conspired to ~injure. defraud and
deplete the estate Of the decedent, and
have transferred the pretended note to
the plaintiff for the sole and only pur-
pose of collection. and the plaintiff new
er paid or contracted to pay anything
for the note. and always knew that
the note was not genuine. The de-
endant also sets up the defense that
the suit was prematurely brought, |
about three months before II was due, |
and that therefore the plaintif has
no right to maintain the suit. II is
further claimed that a suit can only |
be maintained after the claim had been
presented to the executor and by him
rejected. and the time now having ex-
PRED for presenting such claim the |
plaintiff has no standing In court.
Thompson Campbell. referee in bank
TuptcN. mas appointed Louis u. Whlte- |
as trustee for the estate of Clara
A Barkdoll. a bankrupt.
A hearing In the Ed Devine case, |
known In bankruptcy proceedings as "a
of composition to credit |
ors." has been set by Referee Camp
bell for Dec. 10. The hearing is on a
proposition Of Devine to settle with |
his creditors on a basis of so per cent.
The estate a already paid so per
cent. and IL the proposition made Is
accepted by the creditors. Devine may
retain whatever his estate realizes
above so per cent.
Catherine A.. Coward was yesterday
granted a divorce from her husband,
Ernest f. Coward. by Judge Clancy.
They were married ut Stoughton. Mich.
April is, 1898. Mrs. Coward testified
that her husband had contributed moth
to her support I'm two years and
had been raised as mammals pet and
was too good to work. Mrs. Coward was
permitted to resume her aid name, /
A. Hewson.
The old $50. 900 damage suit OF Gordon
Sherman against Balcain Petit. which
had been set for trial In Judge Lind
court yesterday. was dismissed
as settled when called up. The case
had been pending since 1898. Sherman
had been shot by Petit and sustained
but a slight injury. No criminal pros
ecution was ever made. but sherman
brought the suit for damages which he
now willing To dismiss and pay his
own share OF the costs.
In Judge Lndsay's court yesterday
an appeal case of ]. NJ. Lewis against
Emma Courtney was tried before a
jury and resulted in n verdict for the
Afa.ln. ~ .R - -. - |
s64 as fees for making some collections.