Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-10-11
.X|hBERCAGE Reversed
Supreme Court Rules Adversely
in a Heavy Damage
Suit.
Lower Court Had Given a Large
Judgment Against the Iowa
Central.
Marshalltown Stone Company
Wins Out in a Suit Against a
Des Moines Firm.

A supreme court decision handed
down Thursday of interest locally Is
that brought from Hardin county in
which j. II. Wimber is plaintiff and the
Iowa Central Railway Company defend
ant Wimber was formerly a brakeman
snd few years ago was injured at Ill
dora while engaged in uncoupling an en-
g.ne and freight car. While between
the locomotive and the car the engine
was backed as Wimber claimed without
signal, With the result that his right
foot was crushed. He was taken to an
Eldora hospital, where the leg was am-
Lutated below the knee. He brought suit
against the company and in Judge S. M.
Viewers court was given judgment in
the sum of $4,000. The case was imme-
eiately appealed by the company and in
sense reversed. The trial courts hold
ings in the case IRE upheld save on the
amount of the Judgment. This is held
excessive. III plaintiff elects to remit
all in excess of SS,0o0." says the court,
"the judgment as thus reduced Will
stand affirmed, or otherwise stand re-
versed and the case will be re,nanded
for further trial"
The supreme court bases its finding on
Its decision in former case, known as
the Kroener case. in which 1t was held
a Judgment OF $4,000 for loss of a limb
was excessive and the amount was
scaled down to $4,000.
Another decision in which MARSHALL
town business interests are concerned
was one in which the Marshalltown
Stone Company appealed from the de-
cision of the Polk county court in it's
suit against the Des Nfoines Brick and
Company. This case is.
of especial interest to manufacturers
and contractors, and developed the eff.
forts of Des Moines company to keep
out competition. According to the origi-
l.al petition, the plaintiff company was
to contract to furnish crushed
rock for paving Des 8ioines street,
when the Des Moines Brick Manufac-
turing Company agreed to pay the
plaintiff % cents per yard for the
crushed rock, providing the plaintiff
would not make the proposed contract
and would not sell any crushed rock in
Des Moines during the rest of the year
1925. The plaintiff lived up to the agree
ment, but when 1t sought to recover the
price of % cents per yard the brick COM
pany demurred on the ground that the
was against public policy
and void as it tended to prevent compe-
tition. Judge Conrad sustained the de-
murrer. holding the contract invalid and
against public policy. The supreme
court holds 1t was valid, not contrary to
public policy and there was nothing in it
indicating an intention to create a mo-
nopoly. The demurrer of the defendant
averred lack of consideration. The court
points out that, since the sales Of stone
would have been of benefit to the plain
tiff, 1t suffered loss by contracting
with the brick company and in this.
there was sufficient consideration for
the promise of the brick company to pay
the price to the plaintiff. Similar con-
tracts were entered into with other
stone companies and were alike repudi-
ated by the Des Moines concern. The
company was paid por-
ton of its price. but there remained a
balance due OF about $500, This was the