The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1907-06-28
MCLEAN COUNTY
DISTRICT COURT
Convened June 10-Large Calendar
Of Criminal and Civil Cases
To Be Tried.

LaIe lueSddy AFTERNOON a jury
in the first civil case at this term
was secured. This is a case
brought by Jacob Sackman against
John P. and Phillip Keim in which
he asks for damages in the sum of
sS37.5O.
The plaintiff says that on or
about January IL, 1904, he bought
two mares from the defendants,
that were warranted and presented
to be in all respects sound and
we'll, and that he paid therefor the
sum of s275,OO.
lie says that one Of these mares
suffered from glanders and the
disease afflicted four Of his other
horses, and that he had to cause
all five to be shot. Damages in
the sum Of s837.50 are asked, being
the value of the horses and the
expense of their care during their
disease.
The controversy rests upon a
conflict Of testimony from the very
start. The plaintiff contends that
when he first saw the pray mare.
that played such an important role,
he noticed some little 'bunches"
on its head, and that he spoke
about them to the defendant,
Phillip Rein, who said they were
nothing that the horse simply had
la little cold, and that he was per-
fectly sound.
The defendant denied this con-
versation and denied that there
were any punches on the
horses head. He denied making
false representations when the
horse was bargained for, and that
the horse was sold on trial and that
the plaintiff never, within the time
or within any reasonable time,
brought the horse back.
But, however that may have
been, the sequel showed the plain
tiff with a great deal Of trouble on
his hands. One after another of
his horses took a certain Infection,
one after another they became
thin, weak and sickly. For a long
time this continued. one mare had
a colt that died in six days, until
the veterinary surgeon. Dr.. j. W.
Robinson, was called, and he pro-
nounced the sickness as glanders.
One after another the horses had
to be shot as a consequence, and
the matter is now up to the jury to
determine the right or wrong in
this case.
The jury rendered a verdict for
the plaintiff: in the sum of $3.50.
The case that Andrew Anderson
has brought against the 500 rail-
road for the loss Of black mare
went to the jury Monday afternoon.
The case was we'll fought by both
sides, M. @. Spicer representing
the plaintiff. and Newton and
McCulloch for the defendants.
The damage claimed is $4,000
and theinjury to the horse is claim
ed to have happened on the 2lst
of December, 1905. In Justice
court the plaintiff got favorable
verdict for the full amount and
the case came to the district
court on appeal by the company.
Late Monday afternoon the jury
brought in verdict for the plain
tiff in the case Of Andrew Anderson
VS.. the 500 road, thus sustaining
the decision in the justice court.
The amount Of damages assessed
:. !
by the jury is about $2oO.0O. value
of horse that was killed by the
railroad company and costs,
Defendent asked for stay of
sixty days, as there is aprobability
of an appeal to the supreme court.
The case Of Gackls & Company
Ivs. Wilhelm Schwarz was taken W
and dispose Eithin(a eouple q
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