The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1902-04-10

ys. the Village of Milaca to stop pay
1 dE'9N OF village order for nearly
81 600, said to have been issued for
certain street improvements, was
dismissed, as the business men of
M Y got together and made up the
amount amount necessary to pay the order,
afnrpdssettled with the St. Anthony Falls
bank which held the order.
The case Of Adcock VS.. Rush. the
lastsof the civil cases on the calendar,
and Which is an echo of the September
term was the cause of considerable
argument. By stipulation it was agreed
to 1 nave the case tried at the present
termEof court. A motion was made by
plaintiffs attorney for dismissal, and
the Judge granted the motion, but the
casesWas brought up Tuesday morning
and the order for dismissal was vacated
With the result that the case was
placed back on the calendar for trial.
MN1r.ESAdcock through his attorney
stated that he was not ready to go to
trial with the case and asked for con-
tlnuance, but counsel for defendant
objected, and the court permitted plain,
tiff TO file an affidavit in the case stat
ing grounds for delay. b. .',..'.
NO other motions or arguments be-
ing before the court the jury cases
were taken up with Locke VS.. the Foley
Bean Lumber Co., being the first for
triaL r.
Chas. A.: Dickey and Geo. C. Stiles
represented the plaintiff, while At
torney :Clapp: of Clapp & Mccartney,
and Chas. Keith represented the de-
Tense.
The case consumed the attention of
the court during. Tuesday and at sup
per time, all the witnesses had not been
examined. Mrs. Locke, the wife of
plaintiff, was in attendance at court as
the principal witness, Mr.. Locke being
lnsthe west. The suit was for damages
tozthe property Of plaintiff resulting
from howage caused by dam belong
ingsto the lumber company. The
amount of damages asked for in the
complaint was 5000, but damages to
the. amount of 81 500 were withdrawn
from the complaint. There were over
hall dozen witnesses for the plaintiff,
while the defense put on during the
day as many more. The case was not
concluded until the middle of Wednes-
.dayforenoon. Attorney Clapp summed
up the case for the defense and c.. A.
sDis.zey for the plaintiff. The Judge
madefhis charge to the jury plain and
explicit. He said it could find dam
ages for injury to the small tract of
meadow land, to the ploughed land
and to the cellar. It was for the jury
to determine whether plaintiff had
been in possession of the property DUR
ing the last two years. The damages
were to be on the basis of plaintiff being
on the land the same as any tenant.
Plaintiffs attorney took exception to
some portions of the courts charge.
The jury retired and after being out
an hour or so brought in a verdict of
1905 for plaintiff. It is said that the
Foley Bean Lumber Co. some time ago
offered to settle with the plaintiff for
$500. The damages asked were for the
years from 1896 to 1901. A stay of
forty days was granted.
A trio of cases against the Great
Northern Ry. Co. for damages to prop
erty from fire. were next taken up for
trial. The plaintiffs we're E. O.
Fletcher, Alfred Olander and VIM.
Hatcher, the latter case being an ap-
peal by the Great Northern Ry. Co.
from justice court. M. l.. Germany
represented the plaintiffs while w. E.
Dodge appeared for the railroad. It
was agreed to try the three. cases to-
gether, and let the jury return sepa-
rate verdicts for each case. The cases
went to the jury late yesterday AFTER
noon and the jury handed in it's YER
diets before supper. In the Fletcher
case a verdict was given allowing
plaintiff the sum of $65 for losses from
fire. He was allowed 81 per ton for
twelve tons of hay, and minor dam
ages for loss of barn and other prop
erty. Olander was allowed 81 per ton
for eight tons of hay and So. IS for some
wood, while Hatcher was given the
sum of 800 for five tons of hay de.
stroyed. "A stay of thirty days was al
lowed in each case.
The next case called was that of
Peter Larson vs.. Harrison r. Winter
and was on trial at the opening of court
this morning. 49, <-115.... =.
The case of F. D. McMillen vs.. M. S.
Rutherford was continued. Plaintiff
was allowed to amend complaint and
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