The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-10
AN ACTION FOR DAMAGES
Vincent Rooney Was Injured
Soldiers Day.
AGAINST THE SHORT LINE
He Asks, Through His Guardian, for
$4,000 - He Was Pushed Under
the Wheels OF Car-Case Against
the City of Vaudeville.

An action for $4,000 damages on ac-
count of injuries received on the day
OF the arrival Of the Montana soldiers
in Butte was commenced in the district
court yesterday by Vincent Rooney,
aged Is, through his guardian ad Item,
John II. Rooney, against the Oregon
Short Line Railroad company. The
complainant in the case alleges that on
Oct. % the defendant company brought
the returning soldiers to Butte ana
their arrival was widely heralded and
by public action and general consent
the occasion was one of general recsp-
| tlon and welcome and large crowds Of
men, women and children gathered at
the defendants depot to await the ar
rival of the soldiers The railroad conf
| pany permitted the people to congre-
gate there and the plaintiff was among
| them. He was familiar with the in
variable rule of the defendant cGm-
pany to run all it's passenger trains in
| on the first track next to the platform
ana stop at the depot. The crowd had
no knowledge of the intention Of The
company to change it's rule and when
the f1rst section came in sight the peo-
PIE got OF the first track and made
room Tor the train and had no warning
or notice that the train would be run
upon any other track. until it was with
IN ABOUT 81 feet of the crowd when 1t
switched upon the fourth track and
came at high rate of speed, where
upon the crowd pushed and scrambled
70 get out of the way, and in the
stampede the plaintiff was pushed I'M
def the wheels of the first coach and
ms right foot was crushed and man.
siea ana mad to be amputated 1t is
he froi
crowd at a speed of about Is miles an
nour and did not stop until it reached
point about two miles east of the de-
pot, Where the passengers were dis
charged, and where passenger trains
nad never stopped before nor since. and
the defendant had negligently failed
10 inform the plaintiff of the change
in its rules.
An action for 1926 damages was
Drought against the city Of Walkerville
yesterday by Mrs. Sarah A. Pryor, In
her complaint she alleges that on the
night Of Feb. 16. last, while passing
along DAILY street in front of what is
known as the Rundel property, she was
compelled to get off the sidewalk which
is SIX feet above the ground, because II
ended abruptly. 1t was dark and as
she stepped into the street she encoun-
tered two wagons going in opposite
directions and while trying to get out
OF their way she stepped off the edge
OF the sidewalk and fell a distance If
eight feet and broke her right leg, the
INJURY from which is permanent
The petition for leave to remove Rob-
ert Elberding, the insane gambler, from
the Warm Springs asylum to private
institution in Chicago had been set for
nearing before Judge Lindsay yester-
nay' put owing to the absence of a
maternal witness it was continued until
next Saturday. The court expressed
doubt that he had authority to make
the order desired in the matter, and
When 1T comes up again authorities
Will be submitted on the question.
judge Lindsay yesterday appointed
the following administrators and guard
ians: S. Scott, administrator of the es-
tate OF Louis Ramelli, deceased, bond.
So,ooo; Ihomas Grant, administrator of |
the estate of Joseph Grant, deceased
pond, 500; Gus H. Hess, guardian Of |
crank Gus Hess, bond. $500; Louis
schultz, guardian of Louis, Arthur Gro
yer, Rosie and Ruth Schultz, bond. 5000
to each minor; Mary Boomer. guardian |
ol James Delaney, bond, $3.50; Annie |
CroWl, special Administrative of the as.
state of John Crowl, deceased, bond
$1,000; j. P. Collins, administrator of |
the estate of John ]. Call, deceased, on |
ms ofilclal bond as public administra- |
tor.
Inc final account of Emmett Calla- |
nan as guardian of the persons and es- |
tates of George and Alfred Hale was
MED in court yesterday. 1t shows that |
the guardian has received a total NJ |
sz'zsl.o9 for the estate and that $40 more |
- IN the hands of the clerk of the |
Iouft. tie has paid out 81 1888 35. and. a |
,2,,- Of s1,021.74 is due the estate. |
me guardian makes a claim for $3.50 as |
"a W. barnard yesterday commenced |
sun sun against Ras Rochester, j. w. Ma |
money and G. E. Hymer for s., $50 dam
ases On account Of mining done under
the mineral right of which the nlaintiaf
claims to be the owner.
me petition for the probate of the
uisputed VIII OF the late Kate Toomey,
Mnien hau peen set for hearing before
test had been filed and iury trial
demanded by the contest ants. the set
ting OF the case was vacated.
The Administrative of the estate Of
Rocco Campana, deceased. filed her
second annual account in court vester-
day, showing that she has paid out
since her last report s6,44S.2S and has
received 1886 from rents.
There was a lively tilt in Judge
Clancy's court yesterday morning. il
arose when John Hesley, convicted of
was arraigneJ for SEN
tence. 1t was created by a criticism of
Judge Clancys actions connected with
the case by County Attorney c. c. Com
molly. Mr. Connolly made an address
to the court in which he commented
Upon the instructions given by Judge |
Clancy in the case. The court replied |
sharply.
In the case of the Boston & Montana |
company against the Montana Ore Pur-
chasing company and others, an action |
% enjoin the defendants from running |
he water of the Rarus mine into the
Minnie Healey, and from there into sew
,ral mines owned by the plaintiff, the |
rider to show cause was yesterday set |
or hearing by Judge lindsay on
Dec. 90.
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