Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1899-08-30
WANTS BIG DAMAGES
Heirs Of E. ]. Baker Bring Suit In
Sum Of 100000 Against the
B., G. B. 4 N.
Baker Was One Of the Victims Of
the Wreck Near Waterloo
Last Spring.
"A Wreck on the 20" Near Creston
Results In Death Of Two
Men.

Waterloo, Aug. 30.-The Burlington,
Cedar Rapids & Northern railway is
made defendant In the district court
here by David L. 8. Barker, admins
traitor Of the estate of Edwin j. Barker,
asking 100000 damages. sustained by
reason of the death of plaintiffs de-
cedent, which was one of the sad conse-
quences of the horrible wreck that oc-
Cured near here on May %. The petit
ton. which is fled by II. L. Mcintyre,
'Neihart, Mont, and Boies & Boies, of
this city. attorneys for the plaintiff,
alleges the damages to the estate of the
deceased to have been more than the
amount asked.
The circumstances OF the wreck are
still too fresh In the memory of Times
Republican readers to need repetition,
even In part. the b., C. r. & N. is
charged with carelessly and negligently
allowing the conditions to exist. The de-
PENDANT Is also charged with careless
ness In operating passenger train over
its tracks at a high rate of speed. when
the tracks We're endangered and the
lives of passengers imperiled by reason
of the train on which the deceased me,
death being operated at an excessively
nlgh and dangerous rate of speed, In
view of the conditions existing by rea.
son OF the rain which had precipitated
for several hours.
The petition alleges that Barker al
the time and prior to the accident was
occupying a berth in one of the sleep.
ing cars attached to the train, and in ali
respects exercising due anu proper care
and caution, and that his injury anc
death resulted wholly from the neeli.
gence and carelessness of the defend.
ant.
The plaintiff further says that Edwin
J. Barker at the time of his death was
81 years OF age, man of Industrious
hapits and disposed to accumulate ane
save the money which he earned and OF
marked ability in the earning and ac.
cumulation thereof, and of good ane
sound physical health. That for a con.
siderable time prior and at the time OF
ms death he was earning salaries ag.
sregattng more than $4,000 per year
and would. had he lived, continued Il
earn and accumulate by his own per.
sonal efforts large sums of money, SIS.
QUO per annum, or more
This action, which is for 100000 i,
the largest suit for personal damage.
ever filed in the district court of Black
hawk county and one of the larges
ever brought in the state of Iowa. I
has another interest, however, eauall,
as great as the attraction its amour
gives it. E. j. Barker was the maj
whose remains laid In the morgue 70
several days before the authorities wer
absolutely certain of it's identity, an,
which subsequently We're claimed b,
two women, one the legal wife of TIN
deceased and the other Miss Ida Shad
vile. who claimed Barker was on hi
way to Minneapolis to marry her whe,
he met his death
His sudden death lent great publicit,
to several STORIES usually considere<
good form to be buried with the dead
In Barker's case, however, there was n,
alternative but to give the stories to TIL
public. Both women clamored for TIN
body and claimed the property of thu
deceased. The grave question finall,
Terminated by the remains being sent t,
Niehart, Mont, to be inferred ant
mourned by the parents of the unfor
ltunate young man.