Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-11-28
COULD NOT AGREE
JURY IN DAMAGE CASE OF NOR.
GAN VS.. MILWAUKEE FAILS
TO RETURN VERDICT
Damage Case Of r. T. Reeves VS.. Town
of kirkvlle Being Tried-opinion of
Judge r. w. Eichebereer In lnJunc-
ton case-Petition for Divorce.

After twenty.four hours elaboration
during which twenty-one ballots were
taken, the jury in the damage case of
Charles Morgan VS.. the Chicago, Mil.
waukee & St. Paul railway company
failed to agree and was discharged by
Judge F. w Eichelberger in the dis
trict court last evening at o'clock.
Il Is understood that the jury stood
nine to three in favor of the plaintiff.
The case went to the jury about 5
O'clock Friday evening after four OF
the ablest and most eloquent argu-
rnents ever heard in a Wapello county
court room. When the jury last even
ing reported that an agreement could
not be reached, Judge Eichelberger
stated that If it was a question of law
on which the jurynlen could not agree
he might be able to assist them, but
that IL 1t was a question of evidence
he could not offer any suggestions.
They stated that it was question OF
evidence and the jury was discharged
Hard Fought Case.
The case was a hard fought one and
the hearine Of evidence occupied the
greater portion Of the week. The at
torneys were J. ]. Smith and ]. w
Lewis for the plaintiff and Judge G. c.
Cook, Of Cedar Rapids. and w. H. G.
Jaques for the defense.
Charles Morgan vas a motorman
for the Ottumwa Traction and Light
company and for several years was
running on the Sheridan avenue line
Late one afternoon In August, 1904
the open car on which he was motor
man, ran into box car being pushed
across Sheridan avenue by a Milwau-
kee engine. Mr.. Morgan was severely
injured and was taken to the Ottumwe
hospital, where it was found necessary
to amputate his leg. The suit was
brought for 1880 damages.
Point in Dispute.
One Of the principal questions which
was given much attention by the at
torneys was whether Mr.. Morgan, as
motorman, was exercising such eau"
ton in running his car across the
railroad crossing as an ordinarily care
fuf and prudent person would. The
evidence was to the effect that the car
was running at the rate Of ten OF
twelve miles an hour. The defense
claimed that Mr.. Morgan knew that
q train was liable to cross the street
car under sufficient control SO as tt
make a quick stop in case of energ-
ency.
The claim Of the plaintiff was thai
the railroad track only extended a lit.
tie more than a, block west of Sheridan
avenue and that 1t was so seldom thai
q train crossed the street that not ont
who was in the habit of crossing the
railroad several times daily would an
ticipate any danger. The engine ant
box cars just before the accident were
standing slightly east Of the depot
Mr.. Morgan said that clump Of tree.
obstructed his view SO that he coult
not see the moving train in time t.
stop. The plaintiff claimed that tn;
defendant company's employees were
negligent in not taking proper precau.
tions to avert an accident by having {
man on the forward car or on the
street crossing.
Unless a settlement is effected tbs
case will probably be tried again IL
the district court.
Reeves VS.. kirkville.
A jury was impanelled in the dis.
trict court yesterday to try the dam.
age case Of r. T. Reeves against thu
town of Kirkville. Because of person
al injuries alleged to have been sus
tanned by fall caused by a defectiv,
sidewalk, Mr.. Reeves is suing for S.,
600 damages. The attorneys are A. c
Steck for the plaintiff, and Smith &
Lewis for the defense. Following ar