Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1905-05-12
MONMOUTH WINS SUIT
Mrs. Adkins Fails to Recover
Damages For Injuries Received
in Broken Sidewalk.


Adkins VS.. the City of Monmouth, in
which action Mrs. Adkins sought to
recover damages for the alleged injury
of a limb in a fall caused by de-
fective sidewalk in Monmouth four
years ago. The case is noteworthy
from the fact that it has been tried in
this court three times before. Two
former trials resulted in Mrs. Adkins
favor, with awards of damage of $500
and $21OO, respectively, but the trial
this week ended in sweeping victory
for the city.
The case was first tried in May,
1901, and resulted in a judgment Of
non-suit being given to the city.
From this judgment, Mrs. Adkins ap-
pealed to the Supreme Court Of Ore
gon, with the result that the judg-
ment of the lower court was affirmed.
She then began new case against
the city, and at the May, 1908, term,
was awarded damages by jury in
the sum of $500. The attorneys for
the defendant corporation moved for
new trial, and the motion was sus-
tained by the trial Judge. The third
hearing Of the case was had in May,
1904, when Mrs. Adkins received a
verdict for $2112.91. This latter YER
dict was set aside on technical grounds
by Judge Burnett in July of lastyea
The trial held in Dallas this week re-
suited IN q complete victory for the
city.
The city defended on the ground
that the officers of the corporation had
no knowledge of the defect in the side
walk, and that the plaintiffs own
negligence contributed to her injury.
Many witnesses were examined, and
the case was stubbornly contested
from start to finish. The jury retired
shortly after o'clock Tuesday after
noon, and reached a verdict in 20
minutes. The jurors we're: J. A.
Baxter, foreman; w. H. Kraber, John
Dickinson, L. M. Humphreys, L. L.
Hartman, Charles Mattison, G. W.
Siefarth, j. A. McClane, G. B. Gates,
Ross Rowell, P. A. Bachelor andJ. T.
Byerle.
Justin Hunter, Of Bridgeport, was
awarded damages in the sum of $3.50
in his suit against the Dallas and
Falls City railroad company. The
company's train ran down two horses
in his pasture, killing one and injur-
ing the other. Mr.. Hunter and the
company were unable to reach an
agreement as to the value of the
animals, and the matter was carried
into court,
Kate Clarke, indicted for conducting
a house of iIl-fame in Independence,
pleaded guilty Tuesday afternoon,
and was fined $1OO. The fine was
promptly paid, and the woman was
released from custody.
Thomas Buffum, indicted by the
grand jury for conducting gambling
game in Independence, pleaded guilty
and was fined 800 and costs. H. B.
Kelso, indicted for gambling, was
given a similar fine. Both fines were
paid, and the defendants were dis
charged.
H. S. Smith, of Lewisville, sued Us.
Cooper, of Independence, for $3.50,
alleged to be due as commission on
sale Of real estate. The jury, after an
all-night session, failed to agree, and
was discharged by Judge Burnett
yesterday morning.
The grand jury session lasted three
days, the greater portion of the time
being devoted to an investigation of
the Independence dog poisoning cases.
Thirty seven witnesses were examined |
during the investigation, but no in
dictments were found. Orial j. Nor
gan was indicted for forging the
name of Clark Hembree, of Mon
mouth, to check for $35, and Kate
Clark, of Independence, was indicted |
for keeping bawdy house. The
Of the grand jury were: I. J,
Jennings, foreman; J. H. Mulkey,
D. H. DeArmond, B. B. Knowles,
]. H. Burton, b. +. Jones and A. F.
Courier.
Docket entries were made as follows
l. Laure Adkins VS. City of Mon
mouth. action for damages; W. H.
Holmes for plff; NJ. L. Pipes and
Oscar Hayter for deft. Jury trial;
verdict for deft
2. John r Dimick VS. James Plant,
action for money! John R. Dimick
'or plff. Continued.
3. Martin & Blodgett VS. Nixon &
Dunn, action for money Oscar Hay
er for plff. Settled.
L. H. S. Smith VS. J. S. Cooper,
action for money; Oscar Hayter for
,lfr; w. H. Holmes and Webster
Holmes for deft Jury fails to agree,
md is discharged.
8. W. S. Bean VS. L. B. Denny, con-
Oscar Hayter for pin. Sale
onfirmed.
G. Martha A Hill VS. Lyman Damon
md J. +. Hubbard, action at law; II.
for plff. Settled.
s. Susan Nash VS. J. H. and r. NJ. {
action for damages; N. L. {
Iutler for pin. Settled.