Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-11-12
Three MORE DECISIONS
OREGON SHORT LINE IS The LOSER.
salt. Grew out Of the Idaho Railroad
Accident b. Othcr Interesting
Court Matters.

The Supreme C1ur, delivered three
opinions today $40 amrmauons and
one dismissal
The cases affirmed were Jonathan
a. Williams and Margaret Kennedy ct
AT vs. the ororin sh1W Line Rlshuad
company. appei1ri, and she one dis
missed wns tho Peoples Loan und Saw
ings association a.1 n. 8. Grocsbeck W
oua p. Fowblc and Mary Bogcman ct
81.
The case OF WILLIAMS aEl.ns; the ore
gpn Short Linz vas SIMILAR to the Croco
tase decided Fr.ty. lie sudc Tor in-
jur.cs received near Maiad Bridge
Idaho. On the ard % April. 1907. allcs-
ms. rs did Cr1c5. c1relos1ne1s On the
par ~ the railroad company In Operate
INK iia train at a dangerous rate %
speed over urd upon e. defective and
Inadequate rilIn1sd track The jury.
trying the case. found the issues for
The painun in the sum " $500 and
costs. From this judgment the defend
an; company appealed.
Appellant conieuied that the lower
court Judge Roappl erred IN ovogrui-
.ug a special demurrer SO the cffcct that
pilintina complain; was unintclligbie
and uncertain. elc.. ,n that he ala not
aicgc the extent Of hH injuries. whcsh-
" they were internal or external. nor
their extent
A. in the Croco case the court holds
thar "plalntin was u8 required 10 aver
all the physical injuries which he Aus-
eunci, or which may have resulted
from or De aggravated by che wrouKfui
al ~ defendant.
~ such injuflcB can b. traced 90 the
act complained ". ur are such az would
naturally follow FROM d, they need not
be- specIncialiy alleged"
The court further holds ghlt the IN
terposfion o. special demurrer does
not change The rulc. ~ special dam
ages are claimed such damages must
I De- specifically alleged"
u was also c1nicnic1 thlt inc court
l erred In denying drferdHntr' chailenEr
| 60 ihe panel % iurura The grounds NJ
l the ChallsnHr Wcfo she same a. made 90
/ the case Of Kennedy W. Thc oregon
| shirt Line. decided az the prrornt term
~ court The supreme Court holds Thai
the provisions - sections 1909 and 1905
Of revised statutes. isys, liking sihr tmc
l fur the app1iutNouj ~ jury commits
Hipncri and the selecting ~ the ust 81
Jurors 10y such comm ntioprrt are al.
rcciury merely, and an ohicction 90 the
panel ON the Er1und that the commits
H.liit q were nptl|Eiei md made ghsrt
selections utter Jan. T. 1885. WIS prgp-
oriy overulct."
4 nice point was passed on by ths
court on the rule 0f evidence.
10 appears that ihc day before N,
accident Williams applied 90 Mr
BolC1. the company train master al
Pochicllo. for employment rolei
agreed to employ him v he would y,
90 ulonn's Ferry. This was agreed 10
ana Williams was given pass from
Pocaiclip and ulenns Ferry and ~
turn. Williams dld not AK Tor tn
pass. on the back II had On endorse
meni. watch among Other things sal
the person accepting Il assumed al
risks VI accidents, Counsel Cor defend
ant c1ntoudei that the court orfod II
refualrg 90 admit the conditions on IN
!. ! back ~ the pass In evidence.
1 The court holds that where there
q valid constellation Tor a pass Eivei
1 by railroad company, condition
printed ON such pass eNomptlng IN
company from responsibility Tor N
q negligence " ~ servants DO not him
! DE passenger ana should not be al
mItirl Iu evidence lu an action ~
damages f0r injuries caused hy nerli
rrncf" This rule. the court furhc
!, holds, arplIes with equal froce TO IRE
!. passes.
I other citations " error are pisuc
u.0u ln thH decision. hui M riverside
IH found aal ihe court accordingly or
dsrs ihg Judgment VI the lower coul
affirmed,
Tho opinion is by Justice Minor. an
Chlaf Justice Pane and Justice iaric
| concur
THIS CASE ALSO AFFIRMED
Justice Miner today also affirmed m
case ~ Margaret Kennedy widow q
Patrick Kennedy and children. W N
Oregon short Line Railroad COMPANY
Patrick Kennedy was u passenger 20
the same train as CrocO ANA William
got hurt Ills widow ana childro
sued for $4,000 damages The lur
found Tor the plaintiff In the sum q
tp,Gsh. counsel for plnIntln made
motion Tor new trial based upo
statutory grounds and claim Of eN
coH8lvo damages. Judge Holnpp hel
that the damages. no found q
tho defendants, were excessive ana nnl
No. would grant a new trial unless n
plaintiffs would agree 20 "a reduction
$500. Plaintiffs consented 60 the %