The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1906-11-02
Supreme Court Affirms Decis>
ion of Lower Court and
Culver Gets Money.
DRAIN CONTESTS ARE DECIDED
The Famous Paw Paw River Drain
Case is Affirmed-Comm
sioner Can Proceed.

The first cause instituted in the cir
cult court after the occupancy of the
new court house was the case of VIM.
Culver vs.. the South Haven & Eastern
railroad Co. in which the first paper was
filed February l6, 1903. Culver was an
employe of the company and sued for
compensation for the loss of both feet
cut off by his being thrown unde, NOV
ing freight car while engaged in coup
ling cars. 1t was alleged that the acci-
dent was due to negligence of the COM
pany. The case was first tried in May,
1903, and resulted in verdict for plain
tiff in the sum of $4,000. This verdict
was set aside by udge Carr and a new
trial ordered.
On a second trial at the next October
term of court Culver obtained judgment
in the sum of $4,000. The case was ap-
pealed to the supreme court where it
was reversed and remanded for another
trial. A third trial was had in Febru-
for the plaintiff in the sum of $4,000.
The case was again appealed to the su-
preme court and again reversed. Messrs.
Tabor and Cavanaugh, who had charge
of the plaintiffs case moved for a re-
hearing, which was granted, and on such
rehearing the supreme court has Just
rendered an opinion affirming the judg-
ment. This ends the case and Culver
will receive his we'll deserved compensa-
ton. w. j. Barnard and Ed w. Mayer
had charge of the case for the railroad
company and put up vigorous defense.
Another important and interesting
cause Just decided by the supreme court
is the case of w. w. Crandall ct. al vs
Herbert McElheney, the much talked OF
Paw Paw river drain. When John
Hathaway was county drain commits
sioner, in response to a petition filed
with him, he caused n drain survey to be
made beginning near the line between
Paw Paw and Waverly and extending
across the township of Waverly and for
a short distance into the township of
Lawrence; also a survey from the mouth
of the north branch of the river extend
ing into Almena township. The propo-
sition is to straighten these two streams
along the line of such surveys. When
McElneney succeeded to the office OF
drain commissioners he proceeded to put
this plan into execution, but was met
with a vigorous opposition from parties
who owned lands along the route of the
filed and a temporary Injunction issued
restraining him from continuing the
work. To this bill demurrer was filed
and argued before Judge Carr, who sus-
tanned the demurrer, but said such de-
cision was against his better judgment
and was given only because that was
the easiest way to get the matter before
the supreme court. The decision Of the
higher court affirms h g decision of
Judge Carr, sustains the demurrer and
dismisses the bill of complaint leaving
the commissioner free to proceed with the
work of constructing the drains. The
estimated cost of the drain will be ap-
proximately $4,000. I. j. Cavanaugh
and S. II. Kelly were the attorneys for
those opposed to the drain and the late
VIM. q. Howard r. NJ. Chase and Lin
coin II. Titus were the attorneys for the
drain commissioner.