Omaha daily bee., 1899-10-06
SUPREME COURT ADJOURNS
Before Doing So it Hands Down Opinions in
Twenty-Five Gases.
OMAHA LIABLE FOR BowMANs DEATH
Final Decision in n Case of Consider
able Importance TO the Gate
City-News of the state
Capital.

Capital.
LINCOLN, oct. 5.-(Speclal 1.-The su
preme court adjourned at noon today and
handed down opinions in twenty-one cases.
In the case of Fannie Bowman, admins
tratrix, against the City of Omaha, insti-
tuted in the Douglas county court over seven
years ago. the court holds that municipal
corporation is liable for the death Of
person who is drowned in a pond situated
In part on public highway and part IN
adjoining lots. The plaintiff in the original
cause, acting as Administrative OF the estate
OF Albert Bowman, recovered Judgment
from the city OF Omaha for negligently
causing the death OF her intestate, who
drowned in a pond 50 situated. The city
demurred and was sustained and the ac-
ton dismissed. This last decision is re-
versed by the decision Cf the supreme court.
At the January term CT the supreme court
judgment was rendered in the case of Ar
lingtGn against Edward Pauson, appeal from
Douglas county reversing the decree OF the
district court and remanding the cause
with directions to award subrogation to
the United States National bank and the
Omaha Loan and Trust company. The
court now sets aside its former decision
and sffirms the decision OF the lower urt.
Paul f. Clark, speaker OF the house Ct
representatives of the last legi iylatu,e, won
an important case against the Missouri,
Kansas & Texas Trust company b. which
he practically clears $500 as the result of
an Investment CT 81. About ten years ag)
MIR. Clark purchased the Grand hotel in this
city at sheriff's sale for ST. At that time
| 1t was in the possession OF Mrs. NJ. l. Bond
and was mortgaged in the defendant COM
pany for $52, 900. Several years previous the
company had loaned Mrs. Bond $4,000 on
the property and subsequently purchased
it, making Mrs. Bond another loan of $22-
900. Clark received the sheriff's deeds in
August, 1884, and Immediately began suit
for possession. He was successful and took
possession in October. The Trust company
also took possession the same month and
held the premises until 1895. This 1t did
with the consent Of Mrs Bond, but without
the permission Of Clark During all this
time Mr.. Clark made no demand for the
possession of the property nor did he de-
mand rents The supreme court holds, how
ever that the just rental due him amounts
to $4,000 The company spent $4,000 for
repairs, taxes and insurance and is therefore
! liable only for the balance.
The following cases were reversed and re-
manded:
F.. C. Fiske against Lincoln School Dis
trict, George H. Downing against A. +.
| Lewis First National Bank of Chadron
! against Kate Tootle, Fannie Bowman, ad-
mnistratrix, against City Of Omaha Haines
| Meyer against John r. Smith Alfred r. Du
irene against David D. Smeaton, Minnie
Zimmerman against Phillip Zimmerman,
National Bank of Commerce against Thomas
| Dryden, Paul F. Clark against Missouri Kan
| sas G. Texas Trust company John w.
Swords against George H. Moss, Milton b.
Whitney against Sallie H. Howe, Charles
| Shiverick against r. J. Cunning. g..
The following cases were affirmed: i,
Ferdinand Vanhousen against Herman
BroChl Haines Meyers against John r.
Smith, Charles T. Jenkins against State of
| Nebraska Nebraska National Bank against
Gretna State Bank. First National Bank of
PlattsmoMth against Simeon Rector, Council
Bluffs Savings Bank against Lizzie M.
Smith, Norfolk Beet Sugar Company against
! Edmund Paulsen.
| In the case of B. ]. Studervant against
| Bohn Sash and Door Company the judgment
| Of the lower court allowing interest is re-
versed, but otherwise affirmed.
| Lincoln Local Notes.
The Window Bank Of University Place
| has instituted suit against the Wesleyan
university to recover $4,000 on warrants
| held by the bank and received while Chan
| cellor Elllnwood of the university was Its
president. The matter was submitted to ar
bitrators sometime ago and the decision
| was in favor of the bank The university
now alleges that two of the arbtrators were
acting secretly for the bank.
| The September term OF the district court
for Lancaster county will adjourn tomorrow
Only one panel of jurors was drawn for this
term of court, which has been unusually
| short On account of the smalness of the
number Of cases on the dockets an attempt
was made at the beginning c: the term to
postpone court until November. Only few
members of the bar objected to a complete
adjournment, but the petition was disre-
garded by the court.
| Vernon Wrightman Of Lexington. Neb. a
| university student, died at his rooms in this
| city last night.
The university foot ball team left this aft
| ernoon for Ames Ia, for a game with the
State Agricultural college eleven. Kings
bury, one of last years star men of the uni
versity team, has returned to Lincoln with
the intention of trying for his old position
as right tackle
a. n. rope ana j. norman onTleVe VIII
leave in few days to take their positions
as instructors in the Institute for the Deaf
and Dumb at Omaha. Both are graduates
Of the State university and have taken de-
| grees in an eastern college.
Chaplain James Mailley will speak at
Schuyler next Tuesday evening instead OF
at Columbus, as previously announced
The secretaries of the State Board of
Health today considered the matter Of the
revocation OF the certificate OF DR.. Orin
O'Neal. This license was granted by the
board sometime ago on an order from
the court and against the protests OF the
secretaries, the charge being made that
the applicant had been guilty of unpro-
fessional conduct in advertising to do what
other physicians considered imp ssble. The
objection of O'Neal's attorneys that the
secretaries were prejudced and therefore
should not be allowed to hear the case was
overruled by Governor Poynter and Super
intendent Jackson, comprising the Board of
Health. This case involves a section Of the
medical law relating TO the issuance OF
physicians certificates.
PRAYs THE DECREE BE SET ASIDE.