Omaha daily bee., 1903-03-07
HOYT THROWN OUT OF COURT
Motor Oomrany Wins on Account of Failure
TO Bling Action in Time.
FATes SEEM TO FOLLOW HIS LITIGATION
Hearing of Case to Test validity of
Telephone franchise to Come Up
Before Judge Thornel
Today

rho motor company won a decisive vic
tory in the district court in the 4 0,00O per-
sonal injury damage suit brought against
II by s. e. Hoyt, a former employe. The
company demurred to Hoyt's petition on the
ground that Il had not been filed within
the time specified by the statute OF limita-
tions. and Judge rhornell sustained the de-
murrer. This puts Hoyt's case to all in
tents and purposes out Of court.
Hoyt was injured September "a, 1900, by
a switch engine of the Omaha Bridge &
Terminal Railway company colliding at
Fifth avenue and Fourth street with the
car OIL which he was motorman. His orig
inal petition, fled September %, 1902, was
held by the court to be too broad and not
sufficiently specific as to the acts OF the
defendant company complained OF and n
motion on behalf Of the defendant company
for a more specific state was sustained.
When the amended petition was fled the
statutory limit had expired and In sustain
ing the demurrer of the rotor company
Judge Thornell held that the amended pc
tition was for all practical purposes q
new one and was barred.
Hoyt also brought suit in the United
States court, but was defeated there. a
suit brought by him in connection with
the same accident against the Omaha
Bridge & Terminal company and the Illi-
nois Central railroad is now pending in Mo-
mona county. O..
The hearing on the quo warranto por-
ceedings brought by County Attorney Kill
pack against the Nebraska Telephone COM
pany, attacking the validity OF the com>
pany's franchise in Council BLUFFS, will be
had today before Judge Thornell. Both
- = 49, - ~. -, ,u4n
be tried to the court. County Attorney
Killpack takes the position that there are
several points involved in this case which
were not determined by the supreme court
in the Des Moines Telephone case. The
telephone company; OF. the other hand, cQn-
tends that it's charter cannot be invalidated
in the face Of the ruling OF the supreme
court and that its occupation of the streets
and alleys of this city cannot at this date
be questioned or abrogated.
This assignment Of law and criminal
cases was made by Judge Thornell yester-
day:
Monday, March 9-Fogarty against Seeley,
Real Estate and Trust Company against
Alexander (speciaD, State OF Iowa against
Tuesday, March D-stste of Iowa against
Madsen. State of Iowa against Sorensen ct
al. State OF Iowa against Borner.
a -oho u A0NNo
against Bryan, State of Iowa against
Thomas. State Of iowa cgaihst Achatz.
Thursday, March f2~P1gh against Prof.
fit ct al. Woodwork against Ryan, Wick.
ham against Chicago. Rock Island s. Pa.
cide Railway Con- 2any.
Friday, March 13-state OF lows against
Lozler eft al. sN
Monday, March Hesitate of Iowa againsI
Mason City e. Fort Dodge Railroad Com,
pany, State OF Iowa against Mason City &
Fort Dodge Railroad Company, In the mat
ter Of The estate OF Emma Holman de
ceased.
Tuesday. March 17-Medlar against Levi;
ct al, hnal report of administrator in tbs
Brown estate.
The personal injury damage srit Of vii
liam Kissell against the Council Bluffs
Coal and Ice company was dismissed b!
the plaintiff yesterday. rs
Criminal cases pending for some time
past against the following were ~stricKer
from the calendar yesterday by the count!
attorneys: John Barritt, S. Sorenson. Harr!
Hamilton and w. C. Ross. The case agains
C. j. Peterson, charged with embezzlement
was continued. In the case against Johl
Achatz.. charged by the city authoritie
with keeping a disorderly house, an orde
was made that IL not tried at the next tern
II will be dismissed. Another case in; whiel
the State Of Iowa appears asYprosecutor /
pending against Achatz.