Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-04-01
PAVING TEST GASES
Petitioners In Actions Against
Fort Dodge Say No COMPETE
ton Was Admitted of
SEQUEL TO BIG DAMAGE SUIT
David Williams Brings Suit Against
Mineral City Park Association For
$4,000 For Injuries Received by His
Wife-suprcme Court Sustained
Lower Courts Verdict For Defense.

Special to Times Republican,
Fort Dodge April lit is probable
that the paving cases will come before
Judge whitaker at this term OF court
There are nineteen actions brought
against the city because Of the paving
that was done here last year, and In
each instance the petitioners state that
the contracts let to the Barber Asphalt
Company were unfair in that the con-
tracts did not permit Of competitive
bids. they stating that either Trinidad
or Bermudez pitch must be used They
will be carried to the supreme court
as test cases no matter what the YER
dict of the lower court.
AS a sequel to the case of Mrs Nell
lie Williams VS.. the Mineral City Park
Association, comes the case Of David
Williams VS.. Mineral City Park Asso-
citation.
The first case was brought for dam
ages in the sum of $4,000, II pelhs az
legged by the plaintiff that she was
injured thru the negligence OF tpe Oh
ficers of the association while attend
ing race meet at the park. IN hef
netition it was alleged that while she
was sitting in the grand stand OF the
race track, someone in the bana stai,o'
overhead and short distance 1roiil .ne
main amphitheater had dropped OF
thrown a beer bottle, 1t striking her on
the head, and causing her injuries
from which she has never ruby recoN-
cred. She asked that she be given
damages for those injuries. The case
was brought into the Webster county
courts some time ago and by Judge
Whitaker was decided in favor OF the
defendants. 1t was appealed and
verdict given by the supreme court
sustained that of the lower court.
The husband now brings suit for
the same causes alleging the injuries
she received have made her partially
deaf, that she has suffered a form OF
brain conclusion, and by reason OF
those injuries she has received he mas
been denied her companionship, and IS
entitled to the sum previously asked by
her.
A legal problem somewhat complex
in it's nature, has been partly settled
by the Jury in the action of Bank or
Barnum vs. Mrs. p Flaherty, return
ing verdict favoring the plaintiff.
The action was brought thru the
stoppage of the payment of check
for 500 drawn by Mrs. Flaherty at
Barnum in favor Of James Williams
ut Marcus, on one of the Fort Dodge
banks. The check was issued in pay
ment for a bull calf that had been
shipped to Barnum from Marcus to
Mrs. Flaherty and from Williams. On
the same date the calf was shipped the
check was issued. When the calf ar
rived at Barium 1t was dead and Mrs.
Flaherty at once stopped payment on
the check at the bank on which it
was drawn. When Williams received
the check he at once cashed it at the
Barnum bank and when it went to
the clearing house it was at once re-
fused. Mrs. Flaherty refused to make
the amount good at the Barnum bank,
stating that the animal had been kill
ed because of the negligence of the
shipper, Mr. Williams, in making the
crate in which the animal was killed
and that it had been killed either in
shipment or in the unloading of it at
it's destination.
The jury gave a verdict for the
plaintiff and the action was at once
turned back into the court. as Mrs.
p. f herty VS.. James Williams, and
she asked for 500, the amount of the
check she issued. 1t is being hotly
contested before Judge Whitaker.