Omaha daily bee., 1906-10-05
the suit of the state against The Ne

in the suit OF the State against The Me-
braska Grain Dealers Association
What is believed to be the largest verdict
in personal injury damage case ever
rendered by a Nebraska jury and upheld
in the supreme court is the award of ST.
600 to John T. Connolly, which he received
In the district court OF Douglas county
against the Union Pacific railroad. In the
list of decisions announced by the supreme
court today upon it's adjournment, this
judgment is affirmed. The opinion sus-
tanning 1t is unanimous among Commits
sioners Albert, jackson and DUNE. The
damages were allowed Connolly for the
loss of his legs under the wheels OF a
train at South Omaha in the month OF
August, 1902.
Connolly is stockman. living in wy
oming, and had gone to South OMAHA
with a shipment OF cattle. While walking
through the Union Pacific yards at night
he was struck by a train backing over
a crossing, knocked down and run over.
The company was charged with negligence
in not displaying a light on the rear end
of the train, failing to give any other
warning signal and having no Waterman
stationed at the crossing. The case was
removed to federal court before trial.
but afterwards remanded to the distr!o,
court of Douglas county.
The regularity of the verdict was at
tackled by the Union Pacific for a pc
culiar reason. This was that the verde.
as first returned did not apply one way
or the other as TO Elmer E. Fair, en-
gineer of the train, who had been mad,
a joint defendant. The foreman of tho
jury afterwards handed in a verdict IL
Fairs favor, but 1t is claimed this was
after the jury had been discharged. Or
that account the Union Pacific maintained
that the whole verdict was invalid. On
this point the supreme court holds that
the error. II any. is waived,
The court declares that a verdict OF
$3.50 for the loss of both legs is not
excessive. This was one of the hardest
fought points in the whole case.
Liability for Suicide.
In the case OF John Sebasta and Others
against the Supreme Court Of Honor the
question OF payment on a policy Of insur-
ance where the cause OF death was al
| legged to be suicide is involved. The court
holds against the lodge. reversing the
judgment from the district court OF Cass
county. The ruling is that to avoid pay.
! ment of the policy the fraternal society
must prove that the policyholder COM
complished his suicide by soaking match
| heads in water and drinking the fluid
| and there was doubt Of his sanity.
Opinions of the Court.
The following opinions were filed: UnioT
! Pacific railway against Connolly. Affirmed
| Albert, c. Lincoln Traction company
against Brookover. Reversed and re
! a. nded. Epperson, C. Citizen Insurance
company against Hsrpolsheimer. Affirmed
! Duffe c. Phenix Insurance company
| against ,Ierpolsheimer Affirmed. DUNE
! c. Norwood against Bank OF Commerce
| Affirmed. Oldham, c. Ames c. Anderson
( versed. Ames. c. Driscoll against Modern
| Brotherhood of America. Reversed. Al
| bert, c. ESihegar against Copass. Affirmed
! Duffie, c. Harvey against Godding. Re
versed and remanded with directions 4
! enter decree in favor of plaintiff. Albert
| c. Brockway against Reynolds. Reversed
with instructions. Epperson, c. Morrow
against Laverty. Alarmed. Dune, c
| American Banking company against Pull
yer. Affirmed. Oldham, c. Keith agalns
Bruder Affirmed. Oldham. c. Kecklei
against Modern Brotherhood OF America
Affirmed. Jackson. Merrill against Con
roy, Affirmed. Epperson, c. c. sebests
against Supreme Court OF Honor. Re
Plattsmouth against Estate OF Frederick
d. Lehnhoff, deceased. Reversed and eaus.
remanded. jackson, c. Hile agains
Troupe. Reversed. Ames. c. Toppinl
against Cohn. Affirmed. Jackson, c. Frye
against Columbia National Bank
Affirmed. Albert. c. Lear against County
| of Brown. Armed. Epperson, c.