The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-19
DAMAGES FOR STEWART
He Gets a Verdict for Six Thous-
and Dollars.
OUT FIFTEEN MINUTES
The Jury Was Unanimous Stewart
Sued the Singer Company for
s25 900 = Motion for Non
Suit Overruled

Samuel H. Stewart was last evening
given a verdict for $4,000 in his suit for
damages against the Singer Manufac-
turing company. The jury was out less
than Is minutes and upon being polled
was found unanimous for the verdict
Stewart, who is man about y years
of age, had sued for $4,000 on account
of personal injuries he sustained by
being run over by runaway horse and
wagon belonging to the Singer COM
pany. The Jurors in the case were E.
o. Dugan, d. w. Tilton, John ]. Har-
rington, j. r. Bordeaux, ]. H. Beck,
Tim Dalton, James Downey, Dan Court
ney, P. ]. Murray, Andrew Anderson,
Henry Thomas and William Williams.
When the trial Of the case was re-
sumed yesterday morning, L. J. Hamil-
ton, one of the attorneys for the de-
PENDANT, made a motion for a non-sult
upon various grounds, chiefly that
there was not evidence enough to JUS
tify a submission of the case to the
Jury. Judge Lindsay Overruled the mo-
ton and, after a statement had been
made to the jury in behalf of the de-
PENDANT, T. T. Baker was put on the
witness stand and he testified about
measurements he had made of the place
where the accident occurred He had
made a drawing and blue print of it,
which were introduced in evidence.
Dr. George H. Wells testified that he
had recently made an examination of
the plaintiff and said there were no
marks or evidence whatever of injuries
to the bones of his arms and there were
no conditions now to show that the
arm had ever been broken or dislocated.
The cure seemed complete, though there
might still be some injury to the soft
parts of the joints from which he has
not yet recovered The fractures had
healed perfectly, said the doctor, and
if there had been an injury such as
claimed he had never seen anything
healed more perfectly. The plaintif's
shortness of breath and other impair
ments of health could not be attributed
to the injuries. Mr.. Stewards extreme
age would itself produce such condi-
tons.
The driver of the Singer wagon, a
man named Bailey, testified that he had
never hitched, or tied, the horse, as he
had been instructed not to do so by IL.
p Wilson, who was then the general
agent for the Singer company. James
H. Lynch had testified that he had a
conversation with Wilson subsequent
to the accident and that Wilson told
him the horse had run away before.
A man named Ireton, another agent for
the company, testified that Wilson was
discharged because he was short in MS
accounts and was not in the company
employ at the time of the conversation
with Mr. Lynch.
In his argument to the jury, Attorney
Hamilton referred to the fact that Mi.
Lynch, as Wilson's bOndsman, had TO
make good the shortage, and asked the
jury to witness the petty, narrow
gagged spite exhibited by Lynch in lis
endeavor to get even with somebody.
In reply, Attorney Sinclair said tine
fact that Lynch Is good hater is in
our favor, for a good Halter is seldom a
liar" and referring to Attorney Hamil-
ton, he said he has no greater regard
for my client than l have for his. The
machines manufactured by this behe-
moth more than likely made our sWad-
ding clothes and will undoubtedly
make our shrouds. By instructing their
drivers to leave the horse unhitched
they not only invited disaster but abso-
lutely created it"
During the course of his argument,
referring to the plaintiffs extreme age,
Mr.. Sinclair said: Death has mort
gage on us all but does not foreclose
it's mortgage at any particular age.
When the jury's verdict had been re-
turned the court ordered judgment in
accordance with it entered for the
plaintiff.