Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-04-23
Estate of MOrOni Williams Scores
Another Victory in the Case
Against Gilmer ct al,
GARRlTY BEATS BULLI0N.BECK.
NJ. W. Hicks Wins on Appeal in Dam.
age Suit Against the South.
ern Pacific.

Three opinions were handed down by
the supreme court this morning, two
OF which were anirmations Of the judg.
ments Of the trial courts and one was
a reversal IN the case OF Kate Gutheil,
administrative of the estate OF Moroni
Williams deceased vs j, r. Gilmer ct
al, defendants and o. j, Salisbury, ap.
pellant the judgment OF the lower court
Is affirmed, This Ia the second appeal
Of this case TO the supreme court on
the former appeal the judgment Of nom
suit granted by the lower court was af-
firmed after which plaintiff filed new
suit.
The action was brought IN this coun-
ty to recover from defendants the sum
of $500 alleged to be the balance due
'on the purchase price of the Peabody
claim under an agreement entered into
IN 1882. II Is alleged that defendants
secured the title to the property and
sold II for nominal sum TO the Stew
art Mining company Of which they
We're In control. Afterwards they Joined
with said company IN the sale OF the
claim with others for the sum Of $780,
600, They agreed TO pay the balance OF
the original purchase price out OF the
money received for the sale of the
claim. BY selling II for nominal sum
"a the company they contended that
they did not receive any sum OF money
for Il and refused TO pay the balance
OF the purchase price. on the second
trial judgment was rendered in favor
OF plaintiff for the full amount.
Defendants also raised the points that
the judgment Of non-sult was res adj
judlcata of the action and that II was
also barred by the statute OF llmita-
lions, These points the supreme court
holds are not well taken and the judg-
ment of the lower court X affirmed.
The opinion of the court was written by
Justice McCarty and concurred I'm by
Chief Justice Baskin, Justice Bartch,
however, dissents from the opinion OF
the majority Of the court.
GARRITY VS. BULLION-BECK.
The judgment Of the lower court in
the case OF NJ. l.. Garrlty VS. the Bull
lion-Beck & Champion Mining COM
panv appellant, was also affirmed by
the supreme court In an opinion writ
ten by Justice MoCarty and concurred
In by Chief Justice Baskin and Justice
Bartch. The action was brought TO re-
cover damages for personal injuries re-
ceived by plaintiff while employed in
defendants mine on June "A, 1902
Judgment was rendered In the court
below In favor OF plaintiff for 81 sos and
costs OF suit Plaintiff while passing
through the tunnel going to his work
stepped upon defective plank which
broke with him and he fell distance
of II feet and was badly Injured. The
judgment awarded him Is affirmed by
the supreme court.
HICKS WINS ON APPEAL.
In the case of NJ. W. Hicks appellant,
We the Southern Pacific company the
Judgment OF non-suit granted By the
lower court Is reversed by the supreme
court and the case is remanded with
instructions to re-instate ii and grant a
new trial. The suit was brought IN
Weber county TO recover 1899 dam
ages for personal injuries received by
plaintiff while In the employ Of defend
ant company as a section hand on May |
rs 1900. The accident happened near
ogden and occurred while plaintiff and
other employees were attempting to UNI
load some heavy rails from hand-car
IN hurry so as TO clear the track to
prevent a collision with a passenger
train In the hurry and excitement one |
of the men dropped his end OF the rail |
and II fell on plaintiff, injuring him.
A judgment Of non-suit was rendered |
In favor OF defendant by the court be-
low, but this judgment is reversed by |
the supreme court In an opinion writ
ten by Chief Justice Baskln and con- |
Cured In by Justice McCarty. Justice |
Bartch also dlssents from the opinion |
in this case.