Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-12-27
Three Personal Injury Cases
For Damages Of $4,646.24
Filed Against Road
A FOURTH FOR FLOOD DAMAGE
Two Gases Are Brought for Injuries
Received by Harry s. Warn, Who
Had Arm Broken in Crossing Acct
dent - Mrs. Anna kempe Starts
Suit for Injuries Received.

Inree SCltS IOF peISOudl luJul ieS, III
which damages aggregating $4,646.24
are asked, and a fourth suit for $3.50
of land, were commenced against the
Chicago Great Western Railway COM
pany by the filing of petitions for the
January term of the district court late
Thursday afternoon. OF the three per-
sonal injury cases two are based on an
accident to Harry S. Warn, aged II,
living at I'LL East Nevada street.
OF these, one is brought by George
r. Warn, father Of the boy, and the
other is the lad himself, thru his father
cases damages Of $3,064.99 are de-
manded for injuries, consisting of the
fracturing of two bones of Warns left
forearm, caused by his being thrown
out of buggy on the Eighth avenue
Nevada street crossing of the Great
Western.
Two Cases Are Alike.
Both Of the Warn cases are alike in
the allegations set out in the petit
tions. The petitions say that Warn was
going for medicine for his mother,
and that he was in a hurry. And
that while attempting to cross the
Eighth avenue crossing cars which
stood on the crossing partly blocked
it and shut off the view. That while
in the act of crossing 1t a train passed
which frightened the horse, and caused
it to swerve and upset the buggy.
The railroad companys negligence
be partly blocked, making the pass
age unsafe, and in the speed which
the train was being operated, that
frightened the horse. The father in
his suit asks for damages of $1,065
and the son in his suit by his next
friend seeks damages Of S1,999.99.
Mrs. kempe Also Brings Suit.
Mrs. Anna Kempe, of East Quarry,
who was thrown out Of wagon on
the South First avenue crossing by
her wagon being struck by a Great
Western train on October IA, has
brought the third personal injury suit
against the company. She asks dam
ages Of $1,5S1.25 for injuries to her
self, consisting Of bruises and abras-
ions, the killing of the horse she was
driving and damage to the wagon and
its contents.
Negligence is alleged in this case,
because there was no fiagman on the
crossing to protect the public, and be-
cause the engine bell was not rung,
and because the train was exceeding
the speed limit set by the city ordin-
ances.
Sues for Flood Damages.
Joseph Tretter, "a market gardener
living at TOT South Seventh street,
seeks damages Of $500 from the Great
Western because Of the alleged flood
ing of his land by surface water, which
would have run off by natural drainage
had not the outlet for it have been
blocked by the Great Western. The
Northwestern and Great Western
tracks pass to the south Of the Tretter
land. A draw" which furnished q
natural drainage for the land, was
given an outlet under the Northwest
ern tracks by bridge built by the
company. The petition says this
bridge was partly filled in by the Great
Western in repairing its tracks and
the Tretter land was flooded soon aft
er. The shortening Of a Great Western
bridge. which also served as an outlet
for. the surface water, caused another
stoppage and second flooding Of the
land, according to the petition. During
both of these floods market garden
crops were inundated and ruined.