Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-05
DAMAGE SUIT
THAT FAILED
--A---------------------
Jury in the Cast Of W. L. Fuller
VS.. San Pedro Breaks
Even.
SOUGHT TO RECOVER $4,000.
For Once Utah Jury Did Not Make
II Warm for u Big Cor
poration.

The reputation heretofore held BY the
State OF Utah for jurles awarding plain
tiffs In suits against corporations heavy
damages received a setback this morn
ing at Fillmore, Willard county, IN the
case OF W. l.. Fuller ys. the san Pedro,
Los Angeles g. Salt Lake Railroad COM
pany. The jury stood four for the plain
tn and four for the defendant and was
unable TO agree
The case was brought by Mr.. Fuller to
recover 900 damages against the rail-
road company for alleged care.essness
on the part OF It's employees whereby two
children OF plaintiff. were scalded TO
death little over a year ago at oasis.
The children were in a car IN work
train which started up suddenly. upset.
ting boiler of scalding water flom
the stove In the hash" car The con-
tents of the boiler went over both little
ones One died shortly after and the
other expired IN his fathers arms as
he was being brought TO Salt Lake for
treatment.
The case opened before Judge Green
wood aud jury at Fillmore a week ago
today. Attys. c. o. Whittemore and
Whltecotton appeared for the railway
company and Atty. d. d. Houtz Tor
plaintiff. The evidence showed that the
arbrakes were defective ana the re-
grettable accident was not the fault OF
the engineer.
UTAH's REPUTATION.
Heretofore Utah has held such rep
utatlon for juries awarding heavy dam
HlA
has been the custom for cases 10 be
brought from Idaho, Wyoming and
Nevada for trial. Sooner than have
the courts of their own state try cases
or such character. plaintiffs have
brought them to Utah with the object
in view of securing heavier damages
than they might otherwise obtain at
home.
This startling statement was made
this morning by well known attor.
ney, and !t is understood that the legal
department of the oregon Short Line
is now engaged in compiling state
ment wherein Is shown that the courts
Of Utah are annually burdened with
numerous cases that might as well be
tried IN contiguous states. but for the
fact OF Utah's unenviable from the
corporation stapdpolnD reputation.
Numerous cases could be cited TO
uphold this contention OF the corpora
ton lawyers. Recently a jury at
Beaver brought In verdict OF $4,000
against the San Pedro In the case OF
Engineer Blackmar, who was killed
while on duty. This case Is now pend
ing on a motion OF new trial.
LIMIT TO DAMAGES.
In the face of similar verdiots the
railroads and other large employers
Of labor will make an effort at the next
session Of the legislature to have a
statute compiled along the lines Of those
of half the states In the Union which
limit the damages to be awarded BY
n jury in case of death TO $1,000 This
sum. 1t is claimed, on a annuity basis,
represented the wages earned by
trainman Of IS years Of age.
The growing habit OF bringing cases
from contiguous states to Utah for
trial has assumed such proportions. say
the lawyers, that Il seriously burdens
the dockets and adds TO the cost OF
the operation of the courts.
In the verdict brought this morning
at Fillmore local attorneys claim a
victory for the corporation and set
back to the idea that Utah juries will
disregard the law and the evidence in
a case as interpreted in the summing
up of the Judge and 1t Will have the ef-
feet OF making some plaintiffs keep
their cases to their own state for trial.