Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-02-10
WILL ASK DAMAGES
Mrs. j. B. West. OF This City. to
Bring Suit Against Rail-
way Contractors.
Damages Will Be Asked for
Death OF Daniel Madden,
Killed Dec. 80. 1901.
Mrs. Vests Minor Daughter to
Be the Real Plaintiff in
the Case.

| plaintiff in a suit to be brought in the
Wapello county district court on behaif
Of her little daughter, Jessie Madden,
| against the Booker Construction Com
pany. for which the late Daniel Mad
den, father of her daughter, was work.
| ing at the time of his death, near OF
tumwa, on Dec 20, 1901. Mr.. and Mrs.
West made trip to Ottumwa last week
to Investigate the circumstances OF MI.
Madden's death. In regard to the WISH
the Ottumwa Courier of Saturday says:
"From present indications suit Will be
filed soon by Mrs. j. b. West, of Mar
shalltown, against the Booker Con-
struction Company for damages for the
death of her former husband, Daniel
Madden, who was killed Dec. 80, while
employed with that company on the
construction work of the Burlington
route near Sugar Creek. just east of this
city. Mr.. and Mrs. West and w. A.
Size, of the secret service, were In the
city this morning completing investiga-
tons and making arrangements to en-
ter suit against the company unless
settlement can otherwise be made. and
it is probable that the case will come up
in the March term of court
Daniel Madden, the former husband
of Mrs West, who was employed on
the construction work near Sugar
Creek, received INJURIES shortly before
noon of Dec. 80, of which he died at the
Ottumwa hospital about 2:20 o'clock on
the afternoon of the same day. MIR.
Madden had been working about the
steam shovel. which in some way
caught him and threw him over the
dump, letting load of frozen dirt fall
upon him, covering him completely and
crushing him terribly. He was removed
from beneath the load of dirt. and from
careful examination of his INJURIES it
was found that the steam shovel had
caught him about the head, crushing
his skull In terrible manner.
1.-THE coroners jury. in the inquest
which was held, brought in verdict
of death by accident, attaching no
blame to the company or the fellow
employees OF Madden for the occur
renee.
Immediately after the death steps
were taken by Mrs. West looking to a
thorough investigation of the case with
the purpose of fixing the blame for the
accident upon the responsible party, If
p Pc l2ig s.. there %as agy pms to .hams
for the support of the 12year-old
daughter of Mr. and Mrs. Madden. De-
tective w. A. Size was employed and
has been at work on the case up to the
present time, with the result that they
with their attorneys believe that enough
ho cd which
to base damage suit should it become
necessary. With regard to the matter,
w. A. Size states that Mr., and Mrs.
West and the attorneys are satisfied
with the investigation thus far, and will
in the near future demand a settlement
from the construction company, in de-
fault of which action will be begun i'm
mediately in the Wapello county dis
trict court. AS to the amount of DAM
ages to be asked Mr.. Size was unable
to state, as that matter had not as yet
been fully decided.
Mrs. West was formerly the wife of
Daniel Madden, deceased, and to this
union there was born one daughter,
who at the time the divorce was grant
ed to the mother and father. about six
years ago, was given to the mother, tho
at the time the father was made re-
sponsible for her support. After living
apart for time Mrs Madden was mar
ried to j. B. West, of Marshalltown, and
during the years following the daughter
continued to live with her mother and
has been supported by her father, Dan
lei Madden. The support for the little
girl being removed with the death of
her father, Mrs. West has taken up the
matter and had the investigation made
with view to recovering damages for
the benefit of her daughter.
"Tho Mr. and Mrs. West or w. A. Size
refuse to disclose anything with regard
to the information that has been gath
cred concerning the accident. they seem
to manifest considerable confidence in
the outcome of the affair. Notwith-
standing the verdict of accidental death
brought in by the coroner's jury 1t
seems that in their opinion the blame !
may be attached to some specific cause, /
and it has been limited that Mr.. Madden I
was induced to undertake some danger |
Gus part of the work from the fear that /
he might be discharged. Mr.. and Mrs. |
West returned home this noon on the
Rock Island, having held, it is believed, |
a final conference with their attorney