The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-11-29
LAW IND MOTHER GOOSE
THEY ARE PRETTILY BLENDED
IN A POLICE COURT
DECISION
JUDGE HINE ON cow VALUES
And the Liability of the Street Rail-
way Company for CareIessIy
Destroying Mrs. Carter's
Milk Producer.

Judge Hine, of the municipal court, has
directed findings for the plaintiff in the
suit brought by Mrs. Carter to recover
damages against the ST. Paul City Rail-
way company
Inc case was first brought in the court
OF justice Smith, West side justice OF
the peace, and Judgment was ordered in
favor of the plaintiff for $7S5 the amount
sued for.
The defendants appealed TO the munich
pal court and Judge Hine, while reduc-
ing the amount of the damage awarded
to Mrs. Carter, gave her Judgment for
1858 against the company
The memorandum by Judge Hine In
the case is novel and interesting, if not
profound. He says:
This is an action for damages claimed
for injury to two COWS of plaintiffs and
includes claims for deprecated value OF
the cows, loss of milk, feeding expenses
and doctors services. It seems that Mrs
Garter owned these two cows, and this
misfortune happened on June "a, 1900
Twas in the prime of summer time,
An evening calm and cool"
The cows, with others. one of which
wore bell had been taken, after hav-
ing been MIXED, to a neighboring COM
mons. The cows were accompanied bv
Mr.. Carter and two boys.
And home to the woodland fly the crows
While. Ger the hill the farm boy goes
cheerily calling
Co boss; CO boss; CO.; CO.; CO."
They We're returning home shortly after
8 o'clock
''Fhe, curfew tolls the knell of parting
day,
The lowing herd winds slowly DER the
lea
DAY with its burden and heat had de-
parted and, twilight descending,
Brought back the evening star to the sky
and the herds to the homestead,
Paving the ground they came and resting
their necks on each other,
And with their nostrils distended inhaI-
ing the freshness of evening
foremost, bearing the bell, Evangeline's
Proud Of her snow-white hide and ribbon
that waved from her collar,
quietly paced, and slow, as if conscious
of human affection"
They reached Como avenue, and as stat
ed by the witnesses were making a
the railroad track when the white COW
was struck by an approaching brilliantly
lighted car operated by defendant upon
it's line of railway. The car appears to
have come upon them without any great
warning.
What is it We gliders
~, That yonder glows and CLEANS
Out of the dark just as the lips had
touched
Behind him rose shadow and shriekp'
The white COW, Familiarity known as
''Bossy," was the first struck, thrown
against the brindle COW called RED
cow. thrown back to the track and
dragged, or, as the witnesses put it.
''drugged' some distance. Both COWS
We're hurt.
"The white that tore the red, for when
the prophet taught
The Briton's sad decay
Mrs. Carriers first knowledge of the &C
cident was upon their arrival home
It meet the caravans when they return,
What news? | ask. The drivers shake
their heads
Her comfort is .Gf for her any be-
That none can show more cause of grief
than She
They sent for DR.. White, and he came
there within day or two. Dr. Pomeroy
also came on behalf of defendant.
physicians soon arrived, sage, ware and
tried
AS e'er scrawled jargon in darkened
room
With baneful glance the sultan's tongue
they eyed,
Peeped in his bath, ard God knows where
And thsn il solemn accents spoke their
"of all green wounds I know the RENE
dies
In man and cattle. be they stung by
Or charmed with powerful words of wick
ed art
Or be they love SICK
The white COW was confined to the barn
for some days, unable to eat solid food
on account of the injury to her jaw, and
the brindle cow was kept in also for
few days with quite swelling on her
side. By this confinement plaintiff had
to procure additional feed for the cows
to the amount of $40. The doctors
charges were so. The brindle COW was
injured so that her value has been &C.
preciated to the extent of SO.
1.-The fairest creature of the spotted kind.
Oh! could her Unborn stains be washed
away"
The white COW has continually limped
from the injury to her leg.
Still they kept imping to and fro
The lameness will probably be perma-
nent and her value has been diminished
500
It seems that plaintiff sold the milk of
these cows.
''This is the maiden all forlorn
Who MIXED the cow with the crUmpled
horn
They gave large quantities of milk
each, which she sold, and from the pro-
ceeds ightened the living expenses of
her husband.
Looking up, he saw a succession of
maid servants carrying pals filled with
milk to the dairy
The white cow gave the largest quanti-
ty, but the milk of the brindle cow was
much richer in fat. This accommodated
the plaintiffs trade nicely, for some Gus
toners preferred one quality of milk and
the others the other.
Jack Spratt could eat no tat,
His wife could eat no lean,
And so you see betWixt them both
They licked the platter clean"
The nervous shock of the accident and
the injuries attendant upon it materially
lessened the quantity of milk given by
| the cows. For seven days plaintiff could
use no milk that the white COW gave
| about seyenty-seven quarts In all. Then
for seven days there was loss of nine
| quarts day, or sixty-three quarts. Then
for three days there was a loss of four
half ffJ1<a 1.fe