davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1903-08-28

plaint without injury.-In a civil action where one of the several counts of the complaint states a good cause of action, and upon the evidence introduced the plaintiff was entitled to the affirmative charge under such count. error of the count in overruling a demurrer to another count of the complaint Is without injury to the defendant.
 f. Action against telephone company for injuries resulting from lightning: suf- ffciency of plea.-In an action against a telephone company to recover damages for injuries alleged to have been sus- tained by reason of lightning striking defendants wires along their course on the outside, and being inducted into a store where a mercantile business was be- ing carried on and there dis charged, striking the plaintiff and infiicting the injuries complained Of, where 1t is averred in the complaint that tie telephone wires were originally car eduipping and maintaining a telephone
 for the service of the owner. but at his instance the service had been discontinued and the telephone removed, and the com
 pany instead of removing the wires merely cut them loose from the instru- ment twisted their ends together and
 left them hanging in the store, and that the plaintiff was struck by lightning While
 in said store as a customer, a plea which
 ayers that said wires were left in said store with the consent of the owner
 presents no defense to the action. since
 the defendant owed duty to remove the
 wires not only to the owner 0f the store
 but to his customers as well.
 g. Same; same.-In such an action,
 pleas which aver that the defendant did all that could be done to obviate the
 danger of the wires being in the store, presents no defense to the action and are demurrable
 G. Action for personal injuries; when
 general affirmative charge properly re- fused.-In an action to recover damages
 for personal injuries, where there is
 evidence tending to prove the injury and
 the causal connection between the wrong
 complained of and the injury sustained.
 the general affirmative charge requested by the defendant was properly refused. 6 Same: same; when error in refusing general affirmative charge without injury. In an action to recover damages for personal injuries, where under the evil dence adduced the plaintiff is entitled to
 the general affirmative charge under one of the two counts of the complaint which | the trial was had, error on the part of the court in refusing to give the general af- l firmative charge in favor of the defen- dant as to the other count of the com paint is without injury to the defendant. 1 Affirmed.
 Opinion by Mcclellan. J.
The Montgomery advertiser., 1903-08-28
R.H.E.
Oldest Methodist Minister.

Streator, Ull.). Special to Cincinnati
 Commercial Tribune.
 The Rev. Byron Alden of this city, who will be 97 years old on November 5, Is the oldest Methodist minister in the world. being eight months older than the Rev. Joseph Ayres of Sidney, O., who has been called "the oldest Methodist Minister
 MT Alden is still a forceful pulpit preacSer, and fills appointments occa- sionally He spoke at the Methodist conference at Streator last fall, when his eloquence and force were much com mented on. He was born at Hinesburg, Vt, on November 5. 1906. He preached in New York conferences several years before coming to Illinois. In this State his first assignment was at Woodstock, where he remained ten years. going later to Gardner and Verona. The latter was his last regular appointment, and ex- pired fifteen years ago.
The Montgomery advertiser., 1903-08-28

GROVES CHRONIC CHILL CURE cures the chills that other chill tonics don't cure Made of the following fluid extracts: Peruvian Bark. Black Root, Bark and Sarsapartlla. Eo Cure. No Pay
 50 cents su-wed-fri-eo wkly.
The Montgomery advertiser., 1903-08-28
We Have the Goods.
 We Save You Money.

as given" such agreement .amounts to waiver of any right to except by either of the parties to the giving of the general affirmative charge because of conflict arising out of the evidence; the effect of such an agreement being the substitu- ton of the court for the jury as to a find ing on the facts.
 Affirmed.
 Opinion by DoWdeli J.
The Montgomery advertiser., 1903-08-28
D. D. D..

This prescription Is a specl~ fic formula for skin diseases not a panacea for all ailments. At our store can be seen the evidences of its rnostren1aFk- able curative qualities. The proofs of its wonderful cures are indisputabIe. We have for your inspection a number of photographs of people showing their condition be- fore and after using this wonderful medicine. Call and see these actual proofs.
 Accept only the genuine prescription with the D. Q. D. trade mark on each bottle and package.
 Sold only by
 E. e. FOWLER,
 10 Dexter Ave.
The Montgomery advertiser., 1903-08-28
LOUISVILLE AND

LOUISVILLE AND NASHVILLE
 RAILROAD CO. V. GOSS. Action against Railroad Company by
 Employer to Recover Damages for Pert sonal Injuries. Appeal from Circuit Court of Jefferson.
 1. Railroad company: when fireman in charge or control of engine-While a fire man on a locomotive engine. under his ordinary duties as such in his relation to the engineer when the latter is pres ent. cannot be said to be in charge or control of an engine. within the meaning of subdivision of the Employers Lia- biiity Act Code Section 174s), although the engineer be personally present. where
The Montgomery advertiser., 1903-08-28
NASHVILLE. CHATTANOOGA AMI
 Cd. [ nIrIS RX EAnX

NASH WILLIE, Ct1A1 ANO
 ST. LOUIS RY. V. CODY.
 Action against Railroad as Common Car
 rier. Appeal from Circuit Court of
 Marshall
 l. Action against common carrier; bill of Iading containing special stipulations limiting liability admissible in evidence; when no variance-In an action against a common carrier for injuries to freight where the complaint is in the form pre- scribed in the code for a suit against common carrier on a bill of lading. a bill of lading containing special stipu- Iations limiting the carriers common law liability is admissible in evidence. and the introduction of such bill of lading does not constitute a fatal variance be- tween the complaint and the proof.
 9. Pleading and practice; waiver of right to except for giving the general af- firmative charge-When on the trial of a civil case after the conclusion of the evidence. the attorneys of each of the parties enter into an agreement filed of record that the court may give the gen eral affirmative charge for the plaintiff or the defendant as 1t may deem proper under the law and the evidence, and en- ter on the record jury and verdict in accordance with the charge of the court
The Montgomery advertiser., 1903-08-28
Reversed and remanded. Opinion by Dowdell. J.
COYNE V. WARRIOR SOUTHERN
 RAILWAY

Bill in Equity to Enjoin Construction of
 Railroad. Appeal from County Court of
 Tuscaloosa.
 l. Injunction; equity will enjoin unau- thorized exercise or eminent domain When a railroad company undertakes to appropriate private property for its use as a right of way without first condemn ing the sale. or paying compensation therefor, a court of equity will enjoin such a railroad company until compen- sation has first been paid to the owner, question of irreparable injury. or as to whether complainant had a remedy at law to recover the damages suffered.
 2 Railroad company; can convey right of way to connecting line-A railroad company has authority under the statute Code, Section 117O) to convey a part of its right of way to a connecting line in aid of it's construction.
 3. Sams; validity of deed conveying right of UGY-Where a deed to a rail- road company conveys "a right of way sSver a strip 100 feet wide" over and across certain lands specifically described. and under said deed said railroad company went into possession of the strip of land and designated It's boundaries by stakes driven in the surface of the soil. said company acquired under the grant con- veyed in said deed the title to the right of way designated
 Affirmed.
 Opinion by Tyson, J.
The Montgomery advertiser., 1903-08-28

under the particular circumstances in the operation and movement of the engine his duties as fireman require him to do what is necessary to It's proper and safe operation; but only to that extent.
 2. Same; same; case at bar-Where, af- ter locomotive engine on a railroad has stopped, the engineer goes under the en- zine to make some needed repairs, and while under the engine he directs the fireman, who was standing near him, to get back on the engine and move the re- verse lever backwards In order to facili- tate the making of the repairs, and in obedience to such order the fireman got upon the engine, and while attempting to carry out the engineers instructions, the latter was injured. the fireman. while so attempting to carry out the instructions given him. is not in charge or control of the engine within the meaning of sub division s of the Employers Liability Act Code Section 1749). so as to render the railroad company liable for his neg ligence.
 Reversed and remanded.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1903-08-28
HUMORS

The thousands of people made miserable by the awful tortuFes of some skin affllc- ton will rejoice at the aston- ishing good news that we have secured the agency for that wonderful medicament known as the
The Montgomery advertiser., 1903-08-28

Col. Jeff Falkner's noble cause. Sol- diers' Home, to get proceeds of chris tian's Minstrel performance at Casino tonight adv.
The Montgomery advertiser., 1903-08-28

Pompano, Blue, Perch, Red Snap per and Trout at stuckey's. Phone 324.
The Montgomery advertiser., 1903-08-28

Don't forget minstrel show tonight for benefit Soldiers Home. Pickett Springs Casino. adv.
The Montgomery advertiser., 1903-08-28
This Is Attractive.

Arabian Lace Curtains just the T|)ASSa aaN same as those that have given lCH#REN eminent satisfac lion when sold MSg8eAes9 at S4.5o pair, 3h yards long, S4 z kAaN inches wide. Clean up price ~ EzAssaa at $2. .08 cURTAiHs
The Montgomery advertiser., 1903-08-28

Al Reynolds. the one and only, promises some rich locals tonight. Casino Thea ter. adv
The Montgomery advertiser., 1903-08-28
INDOOR BASEBALL RESULTS.
Contests at the Y. n. c. A. Gym
 Are Close

The race in the Y. M. c. A. Indoor Baseball League is growing close, all the teams being punched. Geibel and John son are tied for first with a per centage of ,6OO. Ivey and Hood arc also tied with a per centage of 400.
 The games last night were won by Ivey and Hood. Travis had Geibefs sluggers at his mercy, allowing them but two hits, Geibel getting one and Wolff one. Hoods men had no difficulty in connect ing with Ruffln's delivery and had things as they hose
 The game between Ivey and Johnson was a pither's battle. and Ivey had the best of it. Alley allowed four hits and his men made three errors. Ivey only allowed two hits and those came in the last inning, resulting in two earned runs His men played another errorless game
 The scores were as follows:
The Montgomery advertiser., 1903-08-28

Instead of casting Miles adrift the admin istration might have loaned him to the dying machine man for the first passenger.
The Montgomery advertiser., 1903-08-28

Minstrels at Casino tonight. This to be a banner night. For benefit Soldiers Home. -adY.
The Montgomery advertiser., 1903-08-28

The election of 1896 was nothing in the world but a repudiation of the silver law of the Fifty-first Congress and an in- dorsement of the financial policy of the Democratic administration The one thing that stood out holder than all other things. the thing that was done in de- fiance and in contempt of Congress. was the preservation of the public credit.
 When the country indorsed that. in No venber, 1Sse prosperity came. Every
The Montgomery advertiser., 1903-08-28
Roman Settecs.

Roman SetteeS.
 A6 in this lot. Roman Settees, strong and durable You can always find a place i'm your house for something of this kind; at the price we offer them you cannot afford to be without Worth soc. Clean esap Earice-s.. .4.. ...-. SOC
The Montgomery advertiser., 1903-08-28
cHIcAG RESTAURANTS.

White Men and GlrI- VIII Be En-
 ployed in Future. Chicago Special.
 Farewell to the negro waiter. Fare we'll to his loud repetition of orders given over the lunch counter. to his white apron and all that appertains to this time-hon- ored institution of downtown life" This Is the song of the downtown rsa-
The Montgomery advertiser., 1903-08-28

Christians MinstreIs give proceeds of performance to Soldiers Home. adv
The Montgomery advertiser., 1903-08-28
THE COLD STANDARD.
Was the Work of the Dsmocratic
 Administration.

Savoyard in washington Post
 It was the despised Democratic admin istration of Mir Cleveland that gave this country the gold standard. But for that administration the Sherman silver law a distincitvely Republican measure would have wrought far more ruin than it did Having profited by the wisdom of the last Democratic administration, good Republicans now lay all the ruin that the Sherman silver law wrought to that ad- ministration, Instead of to the first Tom Reed Congress. where 1t belongs. That Fifty-first Congress would have ruined any administration we ever had. It ruined Harrison's. and in correcting the folly and depravity of the Flfty-first Congress the Cleveland administration had to wade through Democratic stu pidity, withstand islander. and contem- plate ostracism.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-14
Phone War Expected.

Sioux City, Dec. 14.-It is the gener-
al expectation that as soon as the new
company has finished it's exchange
there will be telephone war.
For some time the Bell company has
been working night and day extending
its cables and fixing up its wires, es-
pecially in the outlying districts. evil
IDENTIFY preparing to give the new COM
pany the hardest kind of fight to Sc
cure a foothold here.
In other cities the Bell company has
slashed rates and bettered its service
whenever home company sought to
secure admission to the field held ex-
clusively by the old company. The ex
perience of the Home Telephone COM
pany is recalled. In many cases, as in
Sioux City, the new companies have
been routed, not being able to operate
at ruinous rate Whether the Bel
company intends to inaugurate a war
next summer remains to be seen. but
there are indications that it will not
permit the home company to enter the
field without a fight for the bust
ness,
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-14
FROM ALL OVER IOWA.

Buffalo Center.
The Winnebago County Farmers
Institute will be held during the first
week in February at Buffalo Center.
Wall Lake.
The contract to do the grading for
the just south OF the Illinois Central
depot here has been let party of
surveyors was here about three weeks
age.
Auburn.
There Will not be corn enough In
this section of the country for feeding
purposes this winter and feeders are
already beginning to cast about them
for supplies from abroad.
Alden.
During the past year William Keat-
three carloads OF tile to drain his farm
south of here. The expense was in the
neighborhood of $4,000.
Graettineer.
A serious accident occurred at the
home of Mr.. John Spoo, near Graetttng-
er, last week, his son. lad of is. while
hunting. the gun exploded. filling his
eye and right side OF face full of pow
der. He may lost one eye.
Ames.
AS result of the prospecting opera
tons that have been carried on for
some time four foot vein of coal was
located last week on the York place
near the old Hutchinson mines at Zen
orsille. Indications are that profit
ible coal field may have been uncover
ed.
Greene.
The closing of the Bristow and AL
ist,n creameries has made boom for
he creamery at Vilmar, which is now
Asng from one third to one fourth
Are business. The Vilmar creamery
low ranks next to GAINESVILLE in
mount of business of this kind In this
ricinity.
rock Rapids.
The Lyon county bank at Rock Rap
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-14

Ids has the preliminary arrangements
completed and will incorporate as a
national bank in short time. The
Lyon county bank was organized In
1877 by the late Colonel ]. K. p.
Thompson, and l.. c. Thompson. as a
private bank, with a capital of $4,000,
and was the first bank in Lyon county.
Armstrong.
w. P. Boyer, the we'll known farmer
who farms the Flemming & Doughty
place in Iowa Lake township. probably
had the best crop of oats in this vicin-
ity. w. c. & j. B. Coulson threshed
1870 bushels OF oats for Mr.. Boyer that
averaged over so bushels to the acre
by measure, and weighed from
eight TO twelve bushels to each wagon
load.
Montezuma.
A number of our prominent citizens
are making strenuous efforts to estab-
lish number one carriage factory in
Montezuma. A large amount of stock
has already been subscribed. A. F.
Case has been conducting a carriage
and repair shop for some time on a
limited scale. near the Iowa Central
station. Mr.. Case and Mr.. E. NJ Bry-
an are the chief promoters of the new
and more extensive enterprise.
lama.
Mr.. Carnegie will give Tama $500
with which TO erect a library building,
providing the people Of Tama will fur
nish site and raise by tax $3.50 each
year to maintain the library. The city
council has resolved to submit the
proposition for two mill tax to the
electors. 49, b The E. A Stone 1Mm-
Der Company has purchased the lumber
and coal business of F. w. Brokhaus-
en- and will take possession about Dec.
10.
kanawha.
County Attorney Hammill is taking
. vigorous interest in protecting the
rights OF the people in West Lake.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-14

AS stated a few weeks ago. attempt
was made to drain the same. Thru
his efforts Attorney General Mullen
has issued a restraining order to pre-
vent anyone draining the lake or to
place to their sole private gains the
use of the land, or the sand thereof, as
contained In the original government
survey. The state has not disposed
of any of its rights In the lake.
OdeboIt.
James Traver. Jr., aged II, was ser
iously wounded in the foot while hunt
ing rabbits on Tuesday. He and his
Uncle, Lewis Traver. were out with
shotguns. A rabbit jumped up near
Jimmie and ran around him. and when
his uncle was bringing his gun to bear
the weapon was accidentally dlscharg-
ed at distance of fifteen feet. The
charge entered the ankle ard heel OF
the young man, tearing the flesh and
tendons. He is getting along as well
as could be expected.
New Sharon.
j. F. II. Taylor recently shipped
load of feeding sheep from Abba to
Oskaloosa to Chicago: car of stock
steers from Oskaloosa to his farm in
Washington county; two loads of hogs
from Lakona to Chicago; one load of
sheep from New Sharon to Chicago,
one load of breeding sheep from New
Sharon to Grinnell; also four fine
Shropshire rams to Grinnell, and two
to Oskaloosa; one car of fat lambs to
Chicago from his Washington farm.
These lambs were on feed seventy
days. averaging over ninety and close
to the top OF the market. He went
with them and took In the stock show.
Returning he bought q car Of sheep at
Washington, and three loads at Rich
land. Wednesday he shipped load of
sheep to Chicago from here, one eve
Weighing 100, lamb weighing los, his
feeding,
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-14
News Of Cambridge.
tn Times-Renuhlican.

Special to mes-Republican.
Cambridge, Dec. 14.-At the home Of
Mr.. and Mrs. S. A. Rush Friday night
was given reception by the Epworth
League to the young people of the town
to solicit their attendance at the reg
ular meetings.
Many were In attendance and all
thoroughly er joyed a carefully prepar-
ed program after which the evening
was spent in games.
Mr. John Backous made A trip to
Des Moines Saturday to see Mrs. Back
Gus, who Is patient at the Methodist
hospital hospital. Mr.. Backous reports
his wife doing we'll and thinks she viii
be able to return home in a few days.
Tom Wilson and children who are
seriously Ill are holding their own at
present.
Mr.. John Cutlip. one OF our towns
men. was taken III Friday night and
is now under the doctors care.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-14
Iowa Farmers Looking After
the Odds and Ends More
Than Formerly
MAKE USE OF ALL PRODUCTS
cobs Once Thrown Away Now Utilized
as Fuel. the strawstack No Longer
Wasted and tho Dead Trees Used =
Rural Carriers Are obligno-WH-
sons Letter.
Special to Times Republican.

Special to Times Republican.
Rockwell. Dec. live often hear
the statement made that If the average
farmer was In position to utilize the
products of his farm in the same man.
ner that the manufacturers utilize by
products. 1t would greatly increase his
wealth. That If he would work fewer
hours a. physical labor and devote
more time to the study of his vocation,
he could accomplish much more than
he does now, and with less exertion.
Instances of tendency in this d.
rection are noticeable as one drives
past farm homes. The straw stack
which was formerly burned or allowed
to rot in the field Is now given the
same attention as the hay. The cobs
in the feed yard are used for fuel.
for the house. tank heater. or feed
cooker, dead trees in the grove make
up the wood pile and on every hand
the little wastes are being checked to
an unusual degree.
There is 70 more obliging class OF
pup4lC stlN dlllS liili llic
carrier, and IL his salary is not increas-
ed this winter. it will not be because
he does not merit 1t, nor on account of
opposition of his patrons AS an In
stance of his disposition to oblige, the
writer saw the carriers on the Rockwell
routes during the recent severe weather
driving into the yards and delivering
mail into the hands of the patrons,
when 1t would have been much more
convenient to the carrier to place it
in the box In the regular manner. AS
one of them words It: MANY of US are
hanging on this winter, hoping that
congress will raise our pay
The T-R. man was recently i'm
pressed by the manner in which the
memories of the civil war are kept alive
in the homes of this country. A Mr..
Berkeley, whose neat little home is near
Clear Lake. related this story of Pres
ident Lincoln: AT the time of General.
Early's raid on Washington in 1864.
when he came near capturing the city.
body of Hen were ordered from
Fortress Monroe. to the relief of the
capital. AS the boat which trans ported
them approached the wharf. standing
among the anxious spectators the SOL
diers noticed very tall. ungainly man
whom many of them recognized as the
president. Mr.. Berkeley said the nearer
they came to the spot where he stood
the better the face looked. AS they
marched past him he said. with
smile, II am rather glad to see you
this morning, boys"
A genial grain dealer of Swaledale
whose father belonged to southern
regiment is the possessor OF a sword
which is said to have figured in the
John Brown raid. pair Of shackles
which bear evidence of having seen
service, and several bank bills. confed-
crate currency. c. E. WILSON.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-14
TO UTILIZE QUARRIES
Barber Asphalt Company Will Estab.
Iish Stone Crushing Plant at Iowa
Falls in the Spring.

Special to Times Republican.
Iowa Falls, Dec Representatives
of the Barber Asphalt Company have
been in the city the past week looking
over matters with view to establish
ing stone crushing pant here in the
spring. The quarries southeast of the
city have been secuted and work on
the plant Will he commenced as soon ae
the weather Will permit in the spring.
Arrangements have been completed
with the Chicago & Northwestern rail-
way to run a spur or switch to the site
CT the new plant thus affording the
company an outlet for its product.