The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-03-22
FLANAGAN FAILS TO RECOVER
FROM NORTHERN PACIFIC.
JuRYDISCHARCED FOR TERM
Plaintiff Who Gets Little Relief from
Motion Asking Relaxing
Of Costs.

Three cases against the Northern
Pacific for damages arising from the
killing of stock by it's trains were
entered for trial at the present session
Of the district court. Only in one,
that of A. G. Rich, who had a bull
and calf run over a short distance
west Of Laurel, did the plaintiff sue
coed in recovering, and then only IN
part. While Mr.. Rich demanded $65
for the two animals and $25 as attor-
ney fees, he was paid $50, the value
he placed on the bull.
Taking advantage of a statutory pro-
vision, the company consented to con-
TESS Judgment for that amount, but
IGNORED the other claim and that for
attorney fees. The proposal was &C
cepted and the case came to an end.
Michael Flanagan, whose cause
came up for hearing Friday afternoon,
. did not fare so we'll. After the plain
tit had submitted his case the de-
tense moved the court to instruct the
| jury to return a verdict in its favor.
The motion was allowed, to which rul-
ing the plaintiff excepted and was
granted 80 days in which to prepare,
file and serve a bill of exceptions.
In the third action a continuance
was granted for the term. The plain
till, Harry Byers, vas detained by
sickness at Miles City and could not
appear. In his motion tor a continu-
ance Byers stipulated that he was
willing to pay a fair and reasonable
amount to defray the expenses incur
red by the defendant in preparing for
the hearing, the court to fix the
amount.
Jury Is Discharged.
The case Of Flanagan VS.. the North
ern Pacific was the last of the term
in which a jury was empaneled. At
its conclusion Judge Loud made an
order ~discharging all jurors, and gave
the usual thanks of the court to those
who had served. f-
Costs Relaxed.
Two matters we're up last Saturday
on motions to retax the costs. In
both the Northern Pacific Railway
company appeared as defendant. Doc
tor ]. H. Rinehart, who at a former
term brought action against the COM
pany for recovery for professional ser
vices rendered at the time of the
Rapids collision, asked the court to
to his account. The case was decid-
ed against the doctor, the company
setting up the plea that Superinten-
dent Boyle, at whose instance he went
to the wreck, had NO authority to EN-.
plOy the doctor. The costs we're quite
heavy and the plaintiff thought an
error had been made in requiring hin
ia pay all of them. To this the court
agreed to the extent of relieving hin
from the payment of the stenog
rapher's fees, $3.50, but denied tn.
motion as to the remainder, $179.50
The other S was that of Joh1
Smith VI the company. This has beef
tried twice and in each instance tn.
plaintiff was given a verdict for tn,
full amount sued for. The motion
to retax was made by the company
It was granted as far as it related t
the sheriff's fees, $13.4O, but was dc
MED as to the remainder, $179.9C
which were permitted to stand as
part of the Judgment against the d.
PENDANT.
/ Notes.
Corbley Iams vas granted a d
vorce from Birty Iams, last Saturda.
Desertion vas the ground alleged an
the decree was ordered on plaintiff
proof.
Judgment by default was ordere
entered in the matter of the Austi
North company VS.. the MINNESOTA
Montana Land and Improvement con
pany, ct al. All the defendants d
faulted and the order was made 9
plaintiffs afidavits.
BY consent the defendants wel
given until April / to file answer I
the complaint in the case of A. /
Wick vs. Grace Welsh, ct al.
IN the case of Birely VS.. the Mort
eEn Pacific Railway company G..
Goodhue. q witness for the defens
was permitted to give his depositio
which was taken before the court.
Judge Loud rendered his decisic
yesterday on the motion to retax tt
costs, made in the case OF A. G. Ric
Evs. the Northern Pacific Railwa