Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-12-16
FILES SECOND CASE
ELIZABETH EsLINGER WANTS So.
600 JUDGMENT.
The Petition States That Damages
Amounting to $4,000 Were Sustain
ed and Asks for Award of $1,000
Alleges Release Is Not Valid.

From Saturdays Daily.
The matter of the injury sustained
by Edward Eslinger near Abba on
May %, 1899, and the damages claim
ed to be due his estate by reason of
those injuries have again been
brought to public cognizance by the
filing in the Office of Clerk H. w.
Michael, of the Wapello county dis
trict court, petition signed by Eliz-
abeth Eslinger, the guardian of the
property of the injured man, asking
for judgment against the Chicago,
Burlington & Quincy railroad Co., and
the Chicago, Burlington & Quincy
Railway Co., for $4,000. with interest
at 6 per cent from May %, 1899. The
petition states that Eslinger was dam
aged to the amount of $4,000, but
asks for only $4,000 and interest. The
plaintiff agrees to deduct from the
amount of the judgment the amount
which has been paid by the defendant
company to Eslinger as settlement in
full of his claims on account of his
injuries.
A Peculiar Case.
The Eslinger case is peculiar one.
On May %, 1899; Eslinger. who was
working as a@laborer in Ed LAWYERS
bridge gang, in the employ of the Bur-
lington, was injured by an accident at
Little Cedar creek. about four miles
west OF Abba, and near Tower 80.
steam pump had become imbedded
in the sand of the creek by reason of
a heavy rain and the consequent flood
ing of the creek, and the gang of men,
under the supervision of LAWYER set
to work to remove the pump in order
that they might proceed with the work
OF eXcavating for an abutment to the
bridge, which was being repaired and
rebuilt at the time. 1t is alleged by
the plaintiff in this case that Eslinger
was ordered by the foreman to take
bar and pry at the base of the pump
while the latter was being raised by
means of pulleys, ropes and an en-
CINE. 1t is further alleged that while
the man was thus engaged the hook
which was connected the ropes with
the pump broke just above Eslinger
| anu ilioWCu SOllC vi atuC pcti eiPhSl
| liza to fall; that it alighted upon Els
| linger's head and shoulders and frac-
tured his skull at the base; that he
was rendered unconscious and later
| became violently insane as the result
of the accident and that he is now and
has been for almost three years, con
| fined in the hospital for the insane at
Mt. Pleasant.
Is Incurably Insane.
In July following the accident ]. S
Wood, for the Burlington, and Esling
er, made an agreement by which the
company paid Eslinger $1S250 in re
turn for signed statement by the in
iured man in which he agreed to hold
the company blameless for any inju
ries growing out of the accident-ir
brief, a release. Now the plaintiff
claims that this was signed by Esling
er while he was insane and that il
has no bearing upon the case.
First Suit Dismissed.
Howard T. Wilcoxen, who was ap
pointed guardian for Eslinger, brought
suit some time ago In the Wapellc
county district court for heavy dam
ages against the Burlington, alleging
substantially the same facts as the
present plaintiff alleges. The compa
ny secured the removal of the case t.
the federal court at Keolluk, and il
was to have been tried there during
the autumn just passed, but was dis
missed without prejudice on the day
it was to have been heard. The pres
ent suit is a renewal of the fight.
Eslinger was resident of this cit
for several years. He resided in Sout
Ottumwa, and worked at variou
places. He ran truck farm and live
in the house which later was used a
pest house by the city. 1t was her
that he had the trouble which tn
railway company's agents claim caus
ed him to become insane. He was OF
dered by Chief Gray one night t
leave the house, as the city had som
smallpox patients to put into it. E:
linger refused to do as he was biz
and when the police went to the hous
| Stiff BEATEN.