The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-15
A NOVEL ANSWER MADE
In Stuart's Suit Against the
Singer Company.
BY HIS OWN NEGLIGENCE
Had No Business to Walk In Front of a
Horse and Wagon in Motion atri-
monial Troubles Are Aired
in Court ,.a'.

S2o,000 damages on account of personal
injuries to him by being run over by a
runaway horse belonging to the Singer
company. The latter yesterday filed its
answer to the suit and sets up the
novel plea in defense that Stuart was
| injured through his own negligence and
carelessness by walking in front of
and placing himself in the way" of the
horse and wagon "while they were in
motion" and going down Main street.
The act occurred ON Feb. s, 1896, and
Stuart claims that the Singer company's
horse was left standing alone and I'M
hitched, which fact was responsible for
the runaway. Stuart's left elbow was
dislocated, his wrist fractured and he
sustained other injuries which, he
claims, are of a permanent character.
| The Singer company, in its answer, also
makes the plea that a prior suit be-
| tween the same parties and growing
out of the same facts was adjudicated
| in it's favor and that a judgment to
| that effect is still in force.
| The matrimonial troubles of the
| Westlake family We're aired to an ex-
tent in Judge Lindsay's department Of
| the district court yesterday in the suit
| of David Lawrence against Annie NJ.
| Westlake, her husband and a man by
| the name of Grotton, all Of whom Law
renee alleged had been engaged in ope-
| rating the Gold Bug mine in Madison
| county and had contracted for an in
| debtedness for groceries and supplies
amounting to s397.79. Ed Westlake, the
former husband of the defendant, and
Mr.. Grotton defaulted, leaving Mrs.
| t1aly t1,1 solo Il
ant, and as to her only the action was
tried. She denied that she was in any
way interested in the mining enterprise
| and stated that she had been employed
| by the partners to look after the board
| ing house at the mine. The case re-
| suited in a verdict for the plaintiff for
| $2019S, after the jury had been out from
| 5 o'clock until HE at night.
The Union Life Insurance company of
| Omaha has filed an answer to the suit
of Barney Coll administrator of the es-
tate of William A. Waller, an action to
| recover on a disputed $1,000 life insur-
ance policy. The company admits that
Waller applied for the police and that
he gave his note for $172.75 to l.. Loda,
the company's agent, in payment of the
first premium, but alleges that the pol
icy was never actually issued because
Waller refused to accept 1t or to pay the
premium He brought suit in the dis
trict court to recover possession of the
note and the suit was pending at the
time of bhis death. agent Loda also
brought suit in a justice court and got
judgment against Waller for the
amount of the note but the COMPANY
says that in that particular act Loda
was not acting as their agent An
other defense is that the application
for the insurance provided that Waller
should not engage in the occupation of
mining, and as he was killed in a mine
the insurance policy was made null and
void
In the damage suit of Mary Clymo
against j. r. Wharton, receiver of the
street railway company, the plaintiff
filed in court yesterday a replication to
the defendants answer, denying that
she was injured through her own care
lessness or through the violence of
other persons over whonfsthe defendant
had no control E~r
Attorney II. Lowndes Muary yester-
day sued Attorney William D. Burbage
for $24S92 claimed to be due on a note
executed May q. last An attorneys
fee of $50 is asked and an attachment
was issued.
The following matters are on Judge
Lindsay's calendar for hearing this aft
ernoon: Estate of w. H. Mcleod. pc
tition for letters; estate of William
Harris, settlement of account; estate
of Stanislas E. Hirbour, petition for
letters; estate of John ID. Thomas, set
element of account: estate of Clarissa
RamSdell, settlement of account and
distribution; estate of James Larkin,
insane, settlement of account; estate of
Emanuel Hauswrth, order to show
cause in re order of sale of real estate;
estate of p. A. Largely, petition for par
TO Of L
Byrne, settlement of account: estate Of
James Tuohy, hearing for settlement of
bill of exceptions: George NJ Smith VS.
Leila Blume, demurrer to answer; Rob
ert j. Lewis VS.. Howard Paschal. mo-
eion for judgment and demurrer to an
sWer; Charles Colbert ct al. VS.. John
Schneider ct al, motion for Judgment
and motion for leave to file replication;
Andrew StrOmberg VS.. Butte q Boston
Consolidated Mining. company, demur-
rer; Joseph Merrick VS. Clementine
Merrick, plaintiffs proofs: Lena Ellen
Herne VS.. Philip Herne, motion for ali
mony; First National bank of Butte VS..
Twin City-Butte Mining company. mo-
ton to strike answer from the files;
Ellen S. Cornue VS.. Henry A. Root ct
al, nearing upon receivers expenses,
E. o. freeman VS.. Lena Johnson, de-
murrer; state eX rel. S. j. Reynolds VS..
f. j. Laurandeau, j. p, petition for
VIII VI ltNiS", Sldlt tA rel .. j. Key
nolds VS.. f. ]. Laurandeau, ]. p, pc
tition for writ of review; Hugh ]. Tur-
ner VS.. Frank H. - Cooney, demurrer:
Washoe Copper company VS.. Edward
Hickey ct al, demurrer to amended
complaint; Miles Finlen VS.. John Devlin
ct al, demurrer of Johnstown Mining
company.
Judge Clancy will hear the following
matters this morning: Lizzie Allimandi
VS.. Antoine Allimandi, plaintiffs proofs;
Joseph A. Coram. VS. Andrew j. Davis
and Charles H. Palmer, demurrer to
PLAINTIFFS complaint; o. II. Burbridge
VS.. Tim V. Lowney ct al, motion to
amend complaint; the state of Montana
VS.. John Hesley, motion for bail; the
state or Montana VS.. A. j. Schumacher,
plea; c. E. Dutton VS.. George A Cob
ban ct al, motion to retax costs: May
Weed Ganke VS.. Harry A Ganke,
plaintiffs proofs; the state of Montana
VS.. Edward Mahoney, settlement of bill
or exceptions; Annie r. McCaughey VS..
supreme Lodge of United Moderns, de-