Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-09-29
Michael Cunning Sues the Ana
c0nda Company
TO RECOVER JUDGMENT
For $4,000, to Which Sum He Says
He is Entitled BY Reason Of
Injuries Sustained.

On the 10Th of last July the hosting
engine at the st. Lawrence mine became
~unmanageable with the result that the
cage dropped down the shaft, carrying
with it Michael Cunning and the big,
broad cable. The reel or drum revolved
very fast and let the rope out at a rate
of speed in ~consonance with the revolu-
tons of the part of the machinery TO
which one end of it was attached. Al
that time it was not known that the
drum was Keeling off a $4,000 damage
suit along with the cable, but such was
the case. a fact which has since been de-
welcomed. Just before the Office of the
clerk of the court was closed last evening
| Attorney John Healey, acting as legal
adviser for Mr.. Cunning, filed a COM
| plaint against the Anaconda Mining
COMPANY, which owns and operates the
| st. Lawrence. In the the plain
tiff alleges that on the date mentioned he
was in the employ of the company as a
! miner. working in the Slopes at he ,4Oo
foot level: that at 6:55 o'clock IN the
evening he boarded the age at the sur
! face in order to be at his post OF DUTY
when the Z o'clock Shift began operations.
Some repairs to the machinery were be-
z, ing made. but he did not know 1T. me
engine, he alleges, was IN charge Oh an
engineer having only a second class IL
cense that through the unskillfulness OF
the company officers the brake holding
the drum of the engine was loosened ana
the cage bearing him dropped down the
shaft, taking the cable along with 1t;
that the latter piled on top OF the cage
at the bottom of the shat and struck
him hard enough to fracture his skull and
left shoulder blade: that as a result OF
the injuries he has suffered damages to
the extent Of 800 per month as wages he
would have earned. and $4,000 general
damages; tina he has been ~distigured Tor
, life and has on his head a running sore.
He further alleges that physical effort
Of his part causes a rush OF blood 10 the
head: that he endeavored to effect a COM
promise or settlement with the
but the latter would not recognize any
greater liability than $500. which amount
he deems insufficient to compensate MN
for his injuries and loss Of time. He
therefore demands Judgment against the
defendant for 100000
Silas F. King has commenced an action
against Harry Esters to recover pos
session of a strip of ground on the Hes
perus lode claim. which he says he owns,
The defendant, he further alleges, took
the property May |, 1897, and has thus
damaged him in a general way to the
extent of $500 and $25 per month IN rent.
The documentary testimony of William
and Lucia Bowe which is to be used at
the hearing of the matter of their appli-
cation for the probate of the Will OF
Henry StebbiEs. who died in Melrose
Aug. 8 of this year. has been received by
the clerk of the district court. Mr.. and
Mrs. Bowe state that Stebbins was OF
sound mind when he executed the VIII
that his personal property is valued a.
500, but his mining claims have no tixec
value that one group of six unpatentee
claims are under lease and bond tf
Messrs. O'Connor and Pickering for ont
year, the consideration in case they are
bought being 2 5000.
Clara w. Smith is suing Charles w
Smith for a decree of divorce on the al
legged ground of desertion. In her com
plaint she states hat the marriage 81
Mr.. Smith and herself took place in Gales
5 Vile, Wis. on May 8, 1892, but on jan
1897, at Minona, Mimi, he deserted her.
Ralph E. Datch, Henry Grimes ant
: John Wells, appraisers of the estate o
Henry S. Pond, who died at Glendal'
several months ago, have made their re
port to the district court. The documen
is pen-written and consists of So pages o
legal cap. Each article belonging to thu
estate, together with it's approximate
value is mentioned in the report. Th'
: total value of the estate is placed a
S13. $50. 90. AS Pond was a merchant. th'
task of taking an inventory and making
an ADVERTISEMENT of all his goods was no
an easy one.