The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1903-11-26
Iowa Central Railway and School
District DEPENDENTS.

ing cases IN ulSLTlCL COuEI LII thO ~
cember term and number Of import
ant cases came in. Among those
which are likely to attract the most
attention are the damage suits OF
Barbour e Younkin vs.. Iowa Central
Railway Company, and Mrs. Luella
Black VS.. Oskaloosa Independent
School District, damages for injur-
les to her son, Paul Black, received
at Second ward school house.
The Barbour G Younkin Case.
The Barbour & Younkin VS.. Iowa
Central Railway Co. suit is the out
growth of the contention that has ex-
listed during the past two years be-
tween the elevator people and the
railway at New Sharon. The plain
tiffs formerly brcdght suit claim in
100000 damages on account Of the
removal of the Iowa Central switch
from the side of the elevator. The
State Railway Commissioners were
called upon to examine into the mat
ter to see what could be done. No
decision was made by the commits
sioners, as a sort of settlement be-
tween plaintiffs and defendant was
reached. The railway company
agreed to put in a new switch or spur
for the use of the plaintiff, provided
the plaintiffs would remove their
buildings to the west to give space
upon which to maintain the track.
Barbour & Younkin expended about
$4,000 in moving their buildings to
the west and relying upon the con-
tract entered into by the railway
company for the building of the spur,
the plaintiffs commenced the pur-
chase >and storing of grain, thinking
that the track would be built by the
time they wanted to ship their grain
to market. The company has failed
to keep it's part of the contract and
has failed and refused to construct
the switch so that the plaintiffs can
move their grain. The grain has now
rusted and become damaged through
long continued storage, caused by the
impossibility to get it, to market
and the. plaintiffs therefore claim
damage of the railway company in
the sum of $4,000.
The Black Damage Suit.
The suit is brought in the name of
Paul Black, by his next best friend,
his mother, Mrs. Luella Black. The
plaintiff asks for $1,50000 damages
for personal injury received on az
count of door of the defendants
property being out of repair.It will
be recalled that Paul Black, aged IL
years, was severely hurt at the Sec
ond ward school, resulting in the loss
Of finger. The lad was attempting
to open a door of water closet dur
ing strong wind. The knob that
was used on the door was alleged to
be defective and piece of sp.intered
metal was used in place of Fnob
The splinters of the metal caught in
ring worn by the plaintiff and held
him so that he could not release him
self The door was slammed shut
and could not be controlled by the
boy and the hand was so hurt that
amputation Of finger was necessary.
The liability of the school district is
claimed in that the property was
maintained in an unsafe condition.
The knob had long been used in the
condition in which it caught the boy,
and it is claimed was known to be
an imperfect piece of mechanism.
Other Cases Filed.
Peter Russell VS.. Alex. Newstrom,
petition mechanics lien.
Peoples Savings Bank of Pella VS..
S. E. & ]. r. McCombs, note.
w. 1. G Ida Workman VS.. A. E. C
Ira D. Kellogg, petition, contract.
Chas. L. Barnes VS.. N. T. Stevens
and Elmira Hughes, transcript from
]. G. Allen, ]. P.
James Hallen VS.. Tacy E. White
ct al, petition foreclosure.
T.. E. Wheatcroft VS.. Pat and Mary
Leeny, transcript from Justice Chas.
Stanley.
Henry S. Barton VS.. Armilda Jane
Barton, petition for divorce.
]. E. McWilliams vs.. Chas. John
son, petition account.
John R. Ashman VS.. Dolly Ashman,
petition for divorce. G.. G. Orvis, at
torney.
Della Kimbley vs.. Grin Kimbley,
petition divorce. Dan Davis, attor-
ney.
Canon C Gum VS.. ]. w. Broyles,
petition notes. 1. c.. Johnson, attor-
ney.
Bessie M. Keasey VS.. F. Peters,
petition in equity. Carver & Woos-
ter, attorneys.
The George N. Pierce Company VS..
Staten & Rinehart, confession OF
judgment.
Diamond Rubber Co. VS.. same.
Rudolph Wurlitzer Co. VS.. same.
American Bicycle Co. vs.. same,
Western Grocer Co. vs.. Ira DeCook
& Co. ct al, account.
Churchill Drug Company VS.. A. A.
Matthews ct al, note.
Exciting Experience.