Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1905-01-12
NO SALE IS MADE
But Jury Awards S. s. Hull $23
as Agents Commits.
sion.
HAS THE PROPERTY LISTED
And Brings Purchaser to His Client
But Deal is Not consummated
Sues for S12O.

In the suit of S. S. Hull against c
r. Chamberlin the jury returned n
verdict in the circuit court at 10:
| this morning awarding the plaintiff
S23. The jury had been out since 5: 80
yesterday afternoon. Mr.. Hull sought
recovery of $500 as commission for
| obtaining a purchaser for property
listed in his real estate agency by Mr.
Chamberlin.
The plaintiff averred that he brought
a purchaser to Mr.. Chamberlin, meet
ing all his clients condition. and that
part payment was proffered. but that
the defendant stated that was not nee
essary, aferward declining to consum-
mate the sale. The defense was that
as there had been no sale the plain
tiff was not entitled to any commits
sion. Mr. Chamberlin was represent
ed by b. d. Connolly and Mr.. Hull
by J. F. Witter.
Fence Arguments Concluded.
Arguments on the demurrer of the
Rock Island railway company to the
suit of William Killing, of Coal Valley,
were finished this morning. and the
E. H. Stafford. of Jackson, Hurst &
Stafford, appeared for the railroad
company, and J. T. Kenworthy for the
plaintiff. Mr.. Killing asks damages of
$500, suffered. he alleges, because of
the failure of the railroad company to
maintain a fence under a bridge that
runs over a creek on his farm. The
absence of the fence, which has since
been built, Mr. Killing claims, de-
prived him of the use of his farm for
grazing purposes. as TO turn his cattle
loose would mean that they would
wander away. and that stock from the
farm of his neighbor came on his farm
and ate up his grass. The statutes
compel railroads to fence their tracks.
but the defense in this instance con-
tends the law does not apply. as the
tracks are elevated out of reach of
stock, and consequently no liability
is involved. 1t appears that the fence
was built by the railroad, and not by
Mr. Killing. The railroad holds that
it was not required to fence under the
bridge. but it did so simply as mat
ter of courtesy and to avoid cOnten-
ton.
Settle Cooley Case.
Settlement was reached today in the
suit OF Sidney Cooley against the Rock
Island Sash & Door works. of which
there had been two trials. A. the first
Cooley got verdict for $3.50 and at
the second a verdict for $4,000. The
defendant was to carry the case to the
higher courts. Cooley, in ihe settle
ment. received $3.50. the costs to be
apportioned equally. Cooley was in
jured in the sash factory three years
ago, losing three fingers in a machine
at which he was working.
Orders OF Court-I.aw.
55, Hull VS. Cbamberlin. Appeal by
defendant. Jury called and sworn.
Trial proceeds At conclusion of evi-
dence on part of plaintiff, motion by
defendant to instruct jury to find for
defendant ovcrruled. At conclusion of
all the evidence, motion by defendant |
to instruct jury to find for defendant.
Motion overruled. Jury instructed and |
retires with officer to consider of its
verdict. Jury returns its verdict into
court finding the issues for the plain
tiff. and assessing plaintiffs damages
at $4,000.
81, Cooley VS. Rock Island Sash &
Door works. Cause of action satisfied
and suit dismissed as per stipulation
On file Judgment against each party
iOr costs made by him and execution
therefor.
II, Fluegel VS.. Zeffrin. Appeal by
defendant Jury called and empanel-
4
led and concluded. Jury sworn and
rial begun.
Chancery Orders.
252, Case, ct al, VS.. Kran. Bill for
Plaintiff ruled to give Sc
curity for costs by Monday morning
next.