The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-24
THREE DECISIONS
BY SUPREME COURT
Two Ogden Cases and a Logan
Decision Are Fully
Reviewed.
ONE AFFIRMED AND
TWO CASES REVERSED
Judge Howell and Judge
Vaughan Both Found to
Be i'm Error.

Three opinions were handed down by
the State Supreme court Saturday In
the case of j. p O'Neill, appellant,
against Ogden Aerie No Is, Fraternal
Order of Eagles, ct al, respondents
the judgment of the lower court was
affirmed with costs.
The Eagles organiza tion occupied
the third floor of a building i'll Ogden
for lodge purposes. The agreement was
that the rooms were TO be used for
lodge purposes only and were not TO be
sublet for any other purpose The
Eagles sublet the rooms 10 other organ.
izations, who engaged in dancing and
card parties. To this o Neill objected
and at the trial of the issues in Judge
Howell's court at Ogden judgment was
entered for the defendant, dismissing
the plaintiff S complaint
An appeal was taken to the Supreme
court aud il was urged in behalf of the
appellant that dancing and card par
ties were not part OF the us8ges and
purposes of fraternal organizations. It
was urged that no evidence should have
been taken 20 prove the usages or Gus.
toms usually followed by lodges, and
that conversations between the contract
parties, contemporaneous with and prior
ia the execution of the lease, should
not have been admitted The Supreme
court holds that the lower court was
not in error and Judgment is affirmed.
with costs. The opinion is written by
Justice Straup, and concurred IN by
Chief Justice McCarty and Justice
Frick
Judge Howell Reversed,
The decision Of Judge Howell Of Og
den in the case Of John s. Houtz, ap.
pelsnt. against the Union Pacific Rail
preme court and the case remanded
for new trial. Houtz brought suit to
recover S22S0 damages for injuries 10
sheep while being transported from
Soda Springs. Ida. TO Omaha. He al
legged that they were delayed IL transit
at Schuyler. Neb., where they could not
be fed, watered or unoaded and al
though the plaintiff demanded that the
defendant transport the animals 10 sn-
other point, where food and facilities
could be obtained, this they refused to
do Damage was caused through shrink
age in weight and a fall in the mar
ket prlce.
Judgment was rendered for the de
fendant on the sole ground that the
TlIlUn Wdb nub DItS'ubtu "liu'u .Leh
days after the arrival of the sheep s'
their destination, aud before having
been mingled with other sheep. The
contract entered into between the plain
tiff and defendant provided that the
claim he made within the ten days
specified From the decision the plain
tiff appealed.
What Supreme Court Holds.
The Supreme court holds that the
lower court erred and that common
carrier cam make no stipulation or pro-
vision in a contract against liability tol
its own negligence; and that the strpu-
lation in the contract, which the ship
per signed, providing that claims must
be presented within ten days after de
livery. or the same will be waived, was
not found as a fact, but only as con
cIusion of law by the lower court, TO be
reasonable, and therefore was not bind
ing upon the shipper.
Judge Howell held that under the
contract the plaintiff was not entitled
TO recover, notwithstanding that negh-
gence and liability otherwise had been
fully shown. Consequently, the declslon
of the lower court was reversed and
the case was remanded for new trial.
Justice Strsup wrote the OPINION, the
other Justices concurr,ng
In the third decision by the supreme
tribunal, William J. James, found guilty
OF the crime of incest, before Judge
Maughan OF Logan, is granted new
trial The decision of the lower court
is reversed on the grounds of the er-
roueous instructions given by the court
TO the Jury, it being held that the court
INSTRUCTED the jury as 10 the weight tce
he given by them to the testimony of
an accomplice Judge Straup wrote the
opiuiou. which was concurred IN ny
Chief Justice McCarty and Justlee
Frick