The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-08-22
CRIPPLE WANTS
PAY FOR LIMB
Action Commenced Against the
c. G. & s. Receiver.
TWO HEAVY DAMAGE PETITIONS.
other Court Cases That VIII Later Attract
the Attention of the Courts "A
Number of Petit
tions Filed,

Two heavy damage suits were filed in
common pleas court Friday morning,
the aggregate damages claimed amoun-
ting 100000. The first suit filed is
that Of Ellsworth D. Rice VS. John w.
Wardwell, as receiver Of the C. c. & s.
Railway company. The petition al
leges that the plaintiff is the father of
Elwood A. Rice, minor, aged four
years and seven months. On July "a,
1899, the petition relates, Elwood Rice,
in company with Forrest Shaub, start
! the home Of Elwood Rice, in East Ninth
street. Shaub was pulling a toy ex-
press wagon in which Elwood Rice was
seated. In order to reach Rice's home,
the petition states, it was necessary to
cross the c. c. & S. railway tracks. A
shifting engine, it is alleged, was stand
ing near the crossing and when the
boys were directly on the track, it is al
legged, the engine suddenly started, with
out signaling either by blowing the
whistle or ringing the bell. The petit
tion alleges that the express wagon in
which the Rice boy was sitting was run
down and broken to pieces and that the
locomotive wheels ran over the boys
left leg, cutting it off between the knee
and ankle. The petition alleges that
the boy is cripple for life and that his
ability to earn a livelihood has been
materially lessened. Damages are
therefore asked in the sum of $4,000
The second suit is begun by the boy
Elwood Rice, by his next friend, Els
worth D. Rice against John w. Ward
well, as receiver for the c. c. & S. rail-
way company. The petition relates the
facts substantially as related in the
former petition and asks for damages
in the sum of $4,000. Attorneys Case,
Monnot, Whittacre & Hughes filed both
petitions.
TO COLLECT JUDGMENT.
Mary E. Rebstock has begun proceed
athan Hudson and the board of educa-
ton of Pike township. The petition
relates that plaintiff secured judgment
against defendant in Justice Bowman's s
court Tor the sum of $219, which remains
unpaid and unrecovered. Petition al
| leges that Hudson is insolvent and has
no property upon which to levy. 1t is
alleged that there is a sum of money
due defendant from the Pike township
board of education and 1t is asked that
they be compelled to set forth the
amount due defendant, which amount
may be applied on said judgment. At
torney Homer Briggle filed the petition.
TO RECOVER REAL ESTATE.
The city of Massilllon has begun pro-
ceed.lgs in common pleas court against
Eliza Crawford, William Allen, Clar-
ence w. Allen ct al. The petition al
leges that property of defendants abut-
ting on Cedar street, Massillon, occu-
pies seven feet of land which it is claim
ed belongs to the city as part of the
roadway, The court is asked to compel
defendants to vacste the land claimed
to belong to the city. Attorney Otto
E. Young filed the petition.
WANTS TO RECOVER.
George w. Grouse has Lcgun proceed
ings against Hiram and James Stripe
to recover real estate situated in Lake
township. Attorneys Atterholt ant
Marvin, of Akron, filed the petition.