The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-11-16
FIND FOR PLAINTIFF
Verdict of $500 Damages
In Marshall Case
is RETURNED YESTERDAY
Rock Islands Attorneys viii
File an Appeal.

After a elaboration Of more than
twelve hours, the jury in the case Of
John Marshall administrators, against the
Rock Island Railroad company for dam
ages decided IN favor OF the plaintiff and
awarded him $500 The amount Of dam
ages asked for in the petition was $4,000.
the largest amount allowed by theKansas
statute In case Of the death OF a person
injured. The verdict was announced by
Judge Dale in the district court at nine
o'clock yesterday morning, and motion
for an appeal Of the case to the supreme
court Of the state viii be fled within
few days.
The case Is the outgrowth Of the Wild
West show accident. which occurred Sep
tember 49, 1885, and Is the sixth one fled
against the defendant company because
Of that accident.
The present case was a hard fought
battle between two Of the best known
legal firms in this state Not 2, point that
could give the least advantage to one
or the other side was overlooked by the
lawyers and yet it was devoid Of those
personal wrangles so frequently INDUCED
IN by opposing attorneys in similar cases.
The hearing OF the case Just decided be-
gan before Judge Dale and jury on last
Monday. In this instance the plaintiff,
John Marshall, did not sue in his own
name but as the administrator Of his
Wtfss estate in the interest Of the child
rem. The case is on that has been
watched with interest by lawyers all over
the state since the finding of the jury in
this instance will probably determine the
fling of other suits Of a like character
The attorneys for the defendant contrary
TO the custom in such cases did not sub
nit a list Of special findings to the fury
in other words counsel did not submit a
list Of questions for the jury to answer
IN the event it wound for the plaintiff.
About 1880 on the night of September
1S 1888 John Marshall and his wife to-
gether with a number of other people
were on their way to Buffalo Bits Wild
West show which was exhibiting on the
lots east Of the Rock Island track be-
tween Douglas avenue and First street.
The party was being driven to the show
in a wagon owned by a local expressman
named Wilson
When they neared tho railroad track
it Is said that the driver was signaled to
go back as the train was coming. It is
alleged that Wilson did not heed the sig
nal but continued on and attempted to
cross the track before the train passed.
His wagon was caught and some of the
occupants were hurled twenty feet away
while others were thrown beneath the en-
CINE Several lost their lives, among
them being Mrs. Maggie Marshall, the
wife Of the plaintiff in the action just
decided.
One Of the points involved in the case
was as to whether or not the railroad
company was compelled to operate the
danger gates at all times until the last
train had passed or II it was for them to
establish rule regulating the operation
of the gate.
The city ordinance on the matter seems
to be defective and no attempt was made
by plaintiffs counsel to introduce It. The
The matter was left for the jury to de-
eide.
Up to date judgments for more than
$4,000 have been obtained IN the district
court against the Rock Island because Of
the accident. The largest amount was
for $1,000. The main defense of the
company was that Wilson wa5 the man /
to be blamed for he accident, as he had
no right to cross the track at a time !
when ne had reason to believe that a |
train was due to pass.
Two Of the cases fled against the com /
pany are now awaiting trial in the Unit |
ed States circuit court, and three others
are pending in the state supreme court /
for final action. The lawyers in the
case were Houston and Brooks for the
Dlaintiff and Stanley. vermiIlion and
Evans Of Wichita and c. @. Evans Of I
Topeka for the defendant