Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-05-15
e@e@o@@@~e~e~ saA~~~1~e@15g
$lmportant Decisions:


|
| Plaintiffs husband was walking on
with his back to the rear OF an APP
preaching engine which run him down
and killed him. The engine was COM
ing down the track on a down grade.
without putting steam or making much
noise of any kind. and the engineer
and fireman. altho they must newt
ably have seen him and noticed that
he was unminciful of their approach,
did not even ring the bell or blow the
whistle TO warn him of his danger.
Plaintiff brought suit for damages.
Held, that under the circumstances.
tho plaintiffs dcccdent was tres
pnsser, defendant was guilty of wan
ton negligence and plaintiff was en-
titled to recover Reyburn vs.. Mo.
Pac. Co, Sc S. W.. ia (Mo).
CARRIERS-PAS
Plaintiff and his wife, desiring to go
to X from NJ, where they lived. went to
the depot at NJ for that purpose where
plaintiff asked information of defend
ants ticket agent rs to the best route.
Plaintiff told the agent that his wife
was delicate: that he wanted to travel
over the most direct and convenient
route. with as little exposure to his
wife us possible; that said agent in
formed him that the shortest and best
route was to go from M to L and from
there to T., over defendants road and
from j. where he would make close
connection with lire direct to Il.
Plaintiff and his wife took this route
and owing to the length of the route.
the fact that they arrived there late
at night and the cars were cold and
uncomfortable. plaintiffs wife suffer-
ed a serious impairment of health
Plaintiff brought this action for dam
ages. Held, that the representations
of the ticket agent being untrue, such
act was fraud upon plaintiff. and 1t
makes no difference whether the agent
knew or could have known the fact
that the line suggested was not the
best, and, defendant Is liable for the
injuries resulting from such represent
tation. St Louis S. w. Ry. vs. White,
So S. w. II (Tex)
PERSONAL INJURIES.
Plaintiff, while riding in one of de-
fendants street cars was thrown from
n seat therein by n collision. He was
bruised considerably. suffered pain for
long time. and 1t hurt him to sleep
on one side, and his arm had been
crooked since the accident, and after
he had worked for some time he would
have a pain In the chest Action was
brought for damages, and plaintiff re-
covered $500. Held, that 5000 could not
be held excessive In view of the IN
iuries sustained. Cincinnati Elec. D.
Ry. VS.. Leonard, rs, N. r.. 992 Indo. i
SERVANTS INJURIES.
Defendant Is corporation engaged
In the manufacturing of window glass.
Plaintiff was in it's employment as a
laborer. and his employment required
him to pack glass In boxes for ship
ment 1t was also his duty. under his
employment. when the plant was not
in operation. and repairs were being
made, to assist In making repairs.
Some time after he began his services
with the defendant, destructive cy-
clone demolished the buildings, and
made 1t necessary to make extensive
repairs. Among other repairs to be
made we're those to the furnace In
which the glass was melted. Plain
tiff was engaged with other workmen
in making these repairs, and at the
time of the injury, he and another
We're tamping the floor OF
the furnace, plaintiff holding block
of wood on the floor. and the other
pounding it with a sledge hammer.
The other workman struck plaintiff on
the hand with the sledge. In an action
for damages, held, that plaintiff and
the workman who struck him We're fell
low servants, and plaintiff could not
Ei1rf that tho that
the other workman had told the SUI
perintendent that he had never work
ed in a factory was not sufficient to
show that the superintendent knew
that the striker was incompetent for
such work Wilkinson Coop. Glass
Co. vs. Dickinson, Is, N. E., 957 (Ind.).
Terrific Race With Death.