Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-07-15
CASE IS AFFIRMED
IOWA SUPREME COURT RENDERS
DECISION IN CASE OF MACE
VS.. H. A. BoEDkER.
Plaintiff Was Awarded 81 $50 Damages
For Personal njuries-Petition to
Set Aside Will of Late Elizabeth
Hale-other Cases.
From Tuesdays Daily.

frOn1 tuesdays Daily.
The supreme court Of Iowa has at
firmed the case Of Charles Mace VS.. H.
A. Boedker & company. in which the
plaintiff was awarded S1,950 damages
for personal injuries by jury in the
Wapello county district court in Feb
ruary, 1904. The case was heard be-
fore Judge M. A. Roberts.
In the petition filed by Charles Mace
by his next friend, Lille Smith. it was
stated that the boy was Is years of
age and mad his leg cut off below the
knee while working for the defendant
company, which had the contract for
grading the new line of the Burlington
railway between Agency and Ottumwa.
The accident occurred on the night of
August 16, 1902. The petition stated
that the boy was engaged in switching
and keeping the switches clean and
that the defendants were negligent in
not having headlight on the engine.
Charles Mace got his foot caught in
the switch and the engine ran over his
leg. The attorneys in the case were
Jaques & Jaques for the plaintiff and
McElroy & McElroy for the defendant.
To Set Aside Will.
Alleging that she was of unsound
mind and unable to execute will,
Charles A. Crowder ct al. have filed a
petition with the clerk of the district
court asking that the last will and tes-
lament of the late Elizabeth Hale be
set aside and asking for temporary
injunction restraining the executriX,
Ellen Armstrong, from disposing OF
any more of the property of the estate.
Judge Roberts has set July II as the
date for hearing the petition for the
temporary injunction.
The plaintiffs in the case are Charles
A. Crowder, Harvey Crowder. Olive
Barlow, Fannie Marshall, Mollie Mar
shall, Charles Marshall, John Hale,
Yrevanian Hale The defendants are
Anna Miranda Hale, Ellen Armstrong,
trustee and executrix, Ellen Arm
strong, devisee, National Spiritual asso-
citation, Fannie Pearl Davis, Elsie
Stevens and earl Stevens The peti.
ton states that the estate was worth
about $4,000. In the will which is
one of the exhibits, one of the clauses
provides for the selling of a portion
Of the estate, the funds to be used
to found an institution for taking care
of homeless children. A. c. Steck is
the attorney sor the plaintiff.
Wants Distributive Share.
Mary O'Brien VS.. Thomas O'Brien
is the title of a petition filed with the
clerk of the district court today in
which the plaintiff states that she is
the widow of the late Moses. OErien
and that she elects not to take under
the will but wants her distributive
share. one-third of certain property. A
c. Steck is the attorney for the plain
tiff Mary O'Brien VS.. James O'Brier
ct al is the title of similar petition
in which the plaintiff asks for one
third share of certain other real es
tate of the deceased and asks that il
the heirs cannot agree on the distri
button of the land. that it be sold and
the proceeds divided.
Williams VS.. Abernathy.
Francis Melvina Williamsfvs. Sarah
A.. Alternately ct. al is the title of 9
petition filed with the clerk of the
district court today The plaintiff
states in. her petition that she was
one of the heirs of the late Sarah Com
stock. that there was mortgage or
the estate and that she has paid hel
share of 5000. She asks that the mort
gage no longer be considered lien or
her property and that Sarah Aber
nathy and other heirs be required tt
pay their share or $1,000. A. G. Steel
is the attorney for the plaintiff.