The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-24

| j. II. FLOOD, j. h. LannaSan, John
| Fleming, George MUIR, Mac Schlee, F.
| K. N. Rademaker, Emmett Mccormick
and S. B. Sawyer, Jr
| They evidently did not consider that
| Virtue had made out a good case, as
they rendered verdict in favor CT
plaintiff for S51.S5
Smith vs. Northern Pacific.
Aftcr the submission of the Mills
| Virtue case Clerk Williams proceeded
| to call jury for the trial of the
matter OF John Smith vs. the Northern
Pacific Railway company, an action
for personal damages.
Smiths basis of action was that
he had been forcibly elected from one
of the trains operated by defendant
| and thereby sustained serious injuries.
The ejectment occurred July 21, 1902,
on which date Smith was coming to
Billings from Huntley, at which point
he had been employed by the COM
pany. He had an employees pass and
presented it to the conductor of the
train on which he sought passage. 1t
happened to be the North Ioast Linn
tied and he was informed that passes
were not recognized on that particular
train and he would have to pay or
get off. Not wanting to do the latter,
he presented a company's check for
| a little over 50 and rendered it in
payment of his fare. The check was
no more acceptable to the ticket mu-
tilator than the pass had been anu
Smith was ushered from the train
Instead of coming to a full stop, he
alleges that the train merely Stacked
it's speed and that while it was still
running quite fast the conductor push
ed him off the platform of the car
on which he had been riding. By
reason of this treatment he charges
that he sustained injuries that COM
PEELED the employment of a physician
at considerable cost, while he was also
incapacitated for work and in all dam
aged to the sum of $1,950.
The action was tried at former
term of the court and verdict for
the full amount sued TOR was returned
Following it's usual custom and that OF
all railroad companies, the defendant
took an appeal and the supreme court
ordered a retrial. It was on the re.
mittitur that the case was called yes.
terday The fact that he was one day
late prevented the plaintiff from suing
for $4,000 this time, as his attorney,
H. G. Crippen, sought to amend the
complaint to that extent, but was bar
red by limitation
The jury empaneled to try the case
the second time was composed OF
Joseph Zimmerman, Gust Eastman, A.
P. Smith, T. J. Jellison, w. B. Ten
Eyck, Charles Retallick, Walter Nc
Neil, F. w. Schauer, O. A. Tschudy,
R. L. Hayworth, J. E. Jackson, Chris
Slater.
journal Notes.
Efie Nina Burgner was granted a de-
cree of divorce yesterday from Ralph
b. Rurgner. Cruel and inhuman treat
ment was the ground alleged No de-
tense was offered and judgment was
ordered on plaintiffs proof. The
right to resume her maiden name,
Ellie Nina Davis, was given plaintiff.
On his own motion, HI. A. Firth has
been entered as counsel for respond
ent in the matter of the certiorari pro-
ceedings instituted against Justice
Alexander Fraser. Judge Fraser mas
complied with the writ to the extent
of submitting a record of the proceed
ings had in the case that gave rise
to the present action. Nothing had been
done yesterday afternoon in the way
of further action in the matter
Although several matters still re-
manned to be disposed of, Judge Loud
yesterday excused for the term all
jurors, except those constituting the
panel in the case of Smith VS. the
Northern Pacific Railway company
The remaining cases involve questions
of law rather than fact and will be
tried by the court.
A demurrer has been nled in the
case of A. K. Wick VS.. Grace Welsh,
ct al. Insufficient statement of facts
to constitute cause OF action is al
legged.
In the matter of the estate of He'd
wig and Martha Lehfeldt, minors, Her
man Lehfeldt, guardian, filed his re-
port this morning.
This morning Attorney hathhorn,
who appeared as counsel for benjamin
Mahr, filed a motion to retax the
costs in the case. In the motion it
is held that the court has no power IN
criminal cases to increase the punish
ment which a jury imposes upon a
convicted defendant by it's verdict. 1t
is further alleged that under the law
the court has not the power in crimi-
nal cases to tax any costs against a
defendant.
Hearing of the case of John Smith
VS.. the Northern Pacific Railway COM
pany is still in progress.
All our beautiful pattern hats sold
at a big sacrifice. M. kRON.
LA Perla" coffee served free at
Babcock's store every Gay this week.