The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-06-09
VERDICT FOR $4,000
Given Mrs. Durrand Against
the Rock Island.
FOR PERSONAL INJURIES
Sustained in Douglas Avenue
Collision Two Years Ago.

BY verdict rendered in district court
yesterday afternoon at s o'clock. Mrs
Mary ]. Durrand was awarded $4,000
damages against the Rock Island Rail-
way company for alleged personal injur-
les sustained in the famous Douglas ave-
nue. collision on September 10, 1898.
AS nearly every one is familiar, on
the day of the wild West show a Rock
Island train coming into the city dashed
into a wagon load of people, killing sew
eral and wounding a number OF others.
Some of the claims for damages were set
tied by the company, but four other Hti-
cations arose. Mrs. Durrand was injur-
ed with her husband, who was given
verdict of $3.50 against the company at
former term of court. The case Of
Mrs. Durrand was commenced in district
court on Monday, but owing to the pub
licity Of the case it was difficult to OBJ
tain an unbiased jury. A special venire
was afterwards ordered and jury select
ed from it, The law suit was one Of the
hardest fought in this court, both sides
having strained every point that would
tend to favor them.
The plaintiff averred that She was per-
manentIy injured by reason of the wreck
and asked for $1,000 personal damages,
claiming that 1t was due to the negligence
of the railroad company. In the answer
the defendant set up that 1t was not due
TO any negligence on its part. but wholly
caused by the negligence of ythe driver,
ha MA De
son a party plaintiff and he and the COM
pany were sued Jointly. The defense ~
troduced testimony that the company was
free from any liability as the driver was
warned of the danger OF the approaching
train.
Yesterday morning Houston & Brooks,
plaintiffs attorneys, introduced brief re-
buttal testimony which concluded the
taking of testimony. Judge DaIe's in
structions to the jury were explicit and
exhaustive, and were commented upon as
being fair and just. The jury retired
shortly before noon, and after taking an
hour and a. half for dinner, returned and
shortly afterwards returned a verdict in
favor of the plaintiff. Ii is understood
that only one formal vote was taken after
the jurors returned from dinner
The company's attorneys will take an
appeal to the supreme court. They have
three days in which to prepare and file a
motion and if it is refused the higher
court viii have a chance at it.
The case of Mr.. Durrand against the
company is now pending in the supreme
court and a decision is expected at the
next session Of the court. This makes
verdicts enumerating $4,000 awarded in
the family alone against the Rock Island
and 1t said 10 be the largest amount Of
the kind ever obtained in Kansas.
Houston & Brooks are also preparing
papers for another damage suit against
the company for the same family. In ad-
diton to the suit for personal damages
Mr.. Durrand will also institute proceed
ings to recover $4,000, the alleged value
of Mrs. Durrand's service, which she was
unable to perform by reason Of perman-
ent injuries received in the accident.
The suit for $4,000 damages for the
death of Mrs. John Marshall, who was
in the same accident, which was to have
been tried at this term, has been con-
tinued for lack of time.
The firm of Houston & Brooks have
several Of these cases and the judgments
obtained by them in each instance is
quite complimentary.