Omaha daily bee., 1902-09-24
TROUBLES IN DISTRICT COURT
william y. Hoyt Piles Claim for BIK
Against the Motor
Company.

William r.. Hoyt, the motorman who wac
seriously injured September "a, 1900. IN a
collision between a switch engine and the
ear on which he was working at Fifth ave-
nue. and Fourteenth street. has now
brought suit against the motor company,
the petition being filed IN the district
court yesterday afternoon. Hoyt asks $780,
900 damages from the motor company.
Subsequent 10 the accident and while
he wac still IN the employ Of the motor
company Hoyt brought suit In the district
court against the Omaha Bridge and Term
insl Railway company. the Illinois Central
railway and Victor u. Liable. city ticket
and passenger agent Of the latter company.
The suit was, on motion OF the defendant
companies. transferred 20 the federal
court. Later Hoyt dismissed the suit and
brought another and similar action in the
district court Of Monona county, which In
stu pending.
The petition in the suit Med yesterday
against the motor company Is unusually
brief and simply alleges that the motor
company. the Illinois Central and tho
omaha Bridge and Terminal company were
responsible for the accident, II being due
TO their oAreleBsness Hoyt, whose face
WAS badly cut by the broken glass Of hia
cab. sets forth that he is likely TO lose the
sight OF one eye and that the sight Of the
other Is seriously impaired and further
that portions OF his face are psralyEed.
with the aid OF the special venire or
dored by Judge Macy a jury wac impaneled
yesterday morning In the personal injury
damage suit Of Mrs. Eleanor Rice against
the city Of Council BUNS and the taking
Of evidence begun.
William Farrell OF Underwood hled In
tho district court yesterday amendments
to the petitions In his two suits against
the Chicago, Rock Island & Pacific Rail.
road company for the death Of his daugh.
ter, Almeda. The chi1, who was crossing
the track with seyef1 other little girls
became p~inioned by the foot In a cattle
guard and while thus held was run over
and killed by a passenger train. In the
amendments the plaintiff alleges that the
cattle guards are Of faulty construction
and that II Ia almost impossible for a child
TO cross one without becoming ~pinioned
down. lie further alleges that the train
was running at nifty miles an hour. while
the ordinances OF the town OF Underwood
hT a limit OF speed for trains when pass,
Ing through the corporate limits at eight
miles an hour. II IN also alleged by the
plaiutin that the engineer and fireman
were In plain sight Of the child pinionod In
the cattle guard for a distance OF one
mile ana that. although the victims little
companions aignHlled to stop the train, nc
EFFORT TO do no was made until too late.
j. J. Klein hled his AnAWer yesterday
10 the suit brought against him by Mrs
Maude Roderlck, In which she claims dam,
ages for the alleged sale OF liquor TO hei
husband, otto Roderick. In the saloon o.
the Kansas city house on South Mar
street the night OF the killing OF Clarl
Meyer, for which Roderick has been 10.
dicted by the grand jury. In his answer
Klein dcnios owning or being interested
In any way whatever In the saloon an,
that az no time did he own II or have an!
interest whatsoever In Il.
In the suit OF A, W, WymAn against IN,
Chicago a Northwestern Railway company
which had been stricken from the docke
for want a. prosecution. the railroad com
pany yesterday Med a motion for rein
statement and trial At this term OF court
In support Of the motion Is an anidavit q
the company's attorney TO the effect tina
the case had not been noted fog trial aa
settlement had been pending, but while
has not yet been contaminated.