The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-02
Special to The Herald.l

Provo, Oct. IA CT npIaint was filed
in the clerks office late last evening,
in which the plaintiff, William Kitchen,
sues the Rio Grande Western Railway
company for Sl5,O0O alleging that on
the 18th OF April last he was engaged
by defendant as a section hand between
Santaouin and PaysOn: that in the
prosecution of his work a handcar
was used and manipulated by him and
his fellow laborerS, under the direction
of a foreman: that on OF about the
date above mentioned said foreman
careleSSly ordered certain ratings anG
scrap iron to be placed neSligently upon
the car, and then directed plaIntII,
with others, to get upon the car ana 10
run it to a certain point; that the fore
man thoughtlesSly directed them TO run
the car at high rate Of speed, know
ing that Il was unsafe TO do so, and
that while the car was thus neSllgently
and unsafely running at high rate
of speed plaintiff was in consequence
thrown violently TO the ground, suS-
tanning injuries about and in the knee
joint, breaking the knee cap and injur-
ing him along the side and back, which
injuries are permanent, and have rem
dered him unable 10 pursue his ordI-
nary vocation in life, and disabled him
from doing manual labor. Wherefore
plcitiillIL QGltfeliIQS ii -tOhS1llCnl eiSdAASl
defendant in the sum of $4,000 and
costs of suit.
Another damage suit against the Rio
GIande Western Railway company was
begun this morning III the district
court, before Judge Johnson In this
case John Cowan sues the company |
for $4,000.
He alleges that on the 18th of October, |
1896, he was engaged in hauling lum-
Der at Clear Greek, and as he was driV- |
ing his team down the steep road lead |
ing 10 the railroad crossing a train of /
freight cars came along and frightened /
his horses SO that they started on a |
run down the road. At the same time |
the trainmen cut loose a single car !
from the main train, and sent it down t
The grade toward the crossing.
Plaintiff was unable to stop his |
horses. and. as there was an embaDk-
ment on one side and the railroad on
the other. he was unable TO turn out.
and so went right on to the crossing,
and was struck by the car, thrown
some Il feet and his wagon knocked
TO pieces.
Testimony for the plaintiff was to the
effect that the trainmen saw that he
could not manage his horses, and that
he holloaed to them to stop the NOV
ing car, which they failed TO do. Fur
Their, that they had time to stop the |
car if they had used ordinary or suf-
ficient care when they saw the danger
i'll which plaintiff was placed.
Defendants case claims that plaintiff |
was the only one at fault; testimony
showed that the trainmen were making
up a train just below the station, and
while engaged in this work had occa-
sion to cut loose one car for the pur- {
pose of landing it on a sidetFack. This
WAS the car which did the damage to
the plaintiff. When it was cut loose
Of i
men, after turning the switch for the
sidetrack. jumped on the moving car
for the purpose of stopping it at the [
proper place, but did not see the plain {
tiff or hear his outcries until 1T was too {
ate TO stop the car. When the car ]
struck the wagon it was going mt prob /
ably one and half miles Der hour, h
and simply pushed the wagon over, !
three wheels and scattering
the load of lumber about Plaintiff did
not seem TO be hurt, as he helped to
lnhitch his horses and move the lum-
Der off the track.
Defendants counsel claimed that but [
iOr the PLAINTIFF horses getting fright I
ened there would have been no acct ]
lent G
Plaintiff is represented by Page, i
Powers, StrauD & Lipman; defendant a
)y Thurman & Corfman, Bennett.
Bradley, Hardness, Howat & Richards f
SOutl sAQJOQ1IlGNl at 4 -. III. iii AlOtl- :
lay morning at $50. {
S. S. Johnson of Payson today planted T
ait against Thomas Coward of Pay
on on the ground that on Sept. 80, T
S9S, az Payson, he was the owner and s
n peaceable possession of personal
consisting of a tent and other v
used for show purposes:
hat on the above mentioned date de- t
endant Wrongfully, forcibly and I'M p
awfully took possession of all of said e
Gods, and then and there wrongfully C.
nd uniawfully converted them to his L
wn use, to the damage of the plaintiff O
4 the sum of 81, 333. 333. Wherefore, the e
laintiff demands Judgment against the s
efendant IN the sum of 81, 1885, A
This suit is the outgrowth of a little W
ificulty in which the great Snowman, ID
tuttz, has hit the ground NJ
Suit was begun today by James D.
ravens TO recover the sum of S2SS on II
NO promissOry notes executed and de- re
vered to w. F. Langley by the de- fl
Joseph L. Olsen and E. V. l.
yland. said notes being secured by b;
lortgaSeS on real estate situated in W
tab county. Larson Olsen was made W
)-defendant. as he claims to have an b.
by mortgage upon the III
lid real estate prior to and adverse TO h;
aintiff's mortgage.
IN the case of AID Anderson VS. b to
luff, jr.. ct al, defendant was given A
ntH oct. 20 to serve and file intention pc
II new trial. Jc
Alma Carter will appeal TO the SUI az
,,eme court for new trial against the
10 Grande Western Railway COMPANY