Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-01-01
NEW TRIAL GRANTED.
famous Bloomfield Case to be
4, Tried Again.
WOMAN SUES DOCTOR FOR DAMAGES
Gertrude Gray, Of centervilIe, VS.. DR..
II. G. Young, Of Bloomfield, Tried
Once in Davis County, Will Be
Heard Again Soon.

81
Bloomfield. Dec. 31-(Courier Spe-
cial Service)-Clerk Leach received a
written opinion Tuesday from Judge
Vermilion sustaining defendants mo-
ton for new trial in the case Of
Gertrude Gray VS. H. c. Young. 1t will
be remembered that this case was
tried at the October term of court,
and attracted considerable attention
on account of the amount in controver-
sy. Mrs. Gray, whose home is in Cen
teryille, brought suit against DR.. H. G.
Young of this place, for $4,000, for
malpractice, claiming that Dr. Young
failed to properly treat certain injur-
les sustained by her as result of fall
ing into cellar. The jury awarded
her $100 damages. Messrs. Payne &
Sewers, attorneys for DR.. Young,
made a motion for new trial on the
grounds that plaintiff had failed to al
lege and prove lack of contributory
negligence on her part. Plaintiff. by
her attorney, j. M. Wilson, of Center
vile, sought to cure this defect by
amending the petition in the case so
as to show such lack of contributory
negligence. Defendants attorneys
then moved to strike out this amend
ment, and Judge Vermilion now sus-
tains the motion, holding that defen-
dant had had no opportunity upon the
trial of the case to meet the allegation
as to lack of contributory negligence
and that he has right to meet said
allegation and that the motion to strike
the amendment out must be sustained.
A new trial therefore, will be allowed,
when plaintiff will have a chance to
amend her petition and defendant an
opportunity to meet the allegation of
the amendment
Poultry Show.
The annual Iowa State Poultry
Show began here Tuesday with about
$50 birds entered for the contest.
There are exhibitors here from Des
Moines, Ottumwa, Milton, New Shar-
on, West Liberty and Kirksville, Mo-,
in addition to the local exhibitors. The
show will extend over four days
Following is list of the exhibitors
from abroad:
A. A. Beagle, Ottumwa; Samuel
Kitterman, Ottumwa; C. w. Phillips,
New Sharon; Percy Cooley, Milton;
G. A. Robinson, kirksville, Mo-;
Hanna & Brother, Kirksville, Mo-;
George E. Carpenter, Des Moines.
The local exhibitors are: Fletch
Smith, VIC. Warner, F. F. Warner,
Roy Seyler, l. T. Dabney, t. A. Good
son, j r. Sheaffer, Pearl Sutton, Miss
Carrie Davies, U. S. Miller, j. p. New
man, Mrs. A M. Wilkinson, l. c War
then, Marion Robinson, Howard Sax,
Ephraim Young, w r. Carroll and S.
A. Lorenz. w. S. Russell of Ottumwa
and n. Shellabarger of West Liber-
ty are the judges
A. A. Beagle of Ottumwa was in at
tendance at the show Tuesday with
fourteen barred and buff Plymouth
rocks.
Samuel Kitterman of Ottumwa en-
tered fifteen barred Plymouth rocks at
the show Tuesday.
Other Bloomfield News.
Irwin S. Pepper, formerly student
of the Southern Iowa Normal came
over from Ottumwa Monday morning
to spend Monday and Tuesday with
friends at this place. Mr.. Pepper is
now principal of the public school at
Muscatine, and has been visiting dur
during the past few days with his par
ents, Mr.. and Mrs. John Pepper who
live in South Ottumwa He left Tues
day evening for Des Moines, where he
I. will stop day or two before return
ing to his school work at Muscatine.
p. H. Brinker, whose tailor shop
was robbed at Oskaloosa Saturday, is
well known here, as he was located in
( this city about five years ago.
Col. II. II. Trimble of Keokuk was
in Bloomfield Tuesday on business.
j. j. Miller of Pulaski was bust
ness caller at the county treasurers
Office Tuesday
Eli Brunk of Savannah was in the
city on business Tuesday.
Asbury Dunlavy of Salt Creek town
ship, came up to Bloomfield Tuesday
on business.
Fin Mains of Drakesville township,
was looking after business matters in
Bloomfield Tuesday.
B. P. Rosser of Troy was Bloom
field visitor Tuesday.
T. o. Kinman of Mark was transact
ing business here Tuesday.
~. ~. Il CulOu VI Vidlh w do LIduSdCt-
ing business in Bloomfield Tuesday.
Hon. B. F. Carroll came down from
Des Moines Tuesday to close up bust
ness affairs.
Martin Cassill of West Grove was
in the city Tuesday on business.
Mr.. Lister from near Goodland,
Kansas, who came here about month
ago to have an operation for appendi-
citis performed at the Shelton hospi-
tai, has so far recovered as to be able
to visit his uncle, w. S. Lister, who
lives near Stiles. He will return to
his home in Kansas after short
visit with his uncle.
T. r. Collins of Stiles was in Bloom
field Tuesday on business.
|. w. Collins of Huntsville, No, is
visiting his mother, Mrs. R. G. Collins,
in this city.
A young man about 20 years of age
came in from the south Monday even
ing on the Wabash train, and was
found tor be in an intoxicated condi--
ton. When he became too noisy Dep
uty Marshal Reuben Bunch assisted
him up town and placed him behind
the bars. Tuesday, he was given a
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