Omaha daily bee., 1908-08-23
MATTERS IN DISTRICT COURT
Ditch Contractors Find Themselves
Against it for Fair.
CAUGHT EITHER WAY THEY TURN
cannot receive Pay ~ They Work
AID sued for for Failure
TO Work on DItch-MRny
Cases Being Filed.

The Western Dredging company OF
Omaha, which has the contracts for the
construction OF the Willow creek and
Boyer cutoff bitches. which form part 81
the drainage system now being carried ont
in Pottawattamie and Harrison counties.
is, so to speak. between the devil and the
deep sea. Unable to secure any payment
on its contracts, owing to the injunction
suit brought by A. D. Annis and other
residents Of Harrison county to ~rsstraia
the supervisors Of the two counties from
making any further payments on the con-
tracts. Il is now made defendant in three
damage suits brought in the district court
here yesterday.
The plaintiffs in the three suits are A
d. Annis. Fred Brown, End M. J. Fitz-
gibbon, who own land in the immediate
vicinity Of the drainage bitches. They each
ask damages in tho sum Of 81. 800. alleging
that the dredging company by partially dig
ginE the bitches and then abandoning
them had left them without any outlet, and
in consequence the bitches had filled for
a distance OF six miles and overlooked the
adjoining land, including that Of the plain
lifts.
Another round in the controversy be
tween w. A. Maurer, trustee OF the
Dohaney estate. and the A.. B. Beall
Theater company over the New theater
was begun in the district court. Follow
ing up the ouster proceedings instituted
in a justice court. Maurer yesterday
brought suit against A. B. Beall for ST.
O66.e s, alleged TO he due for, rent Of the
theater for the months of April, May,
June. July and the first ten days OF August
OF this year. Thursday the Beall Theater
company brought suit to enjoin Maurer
from further proceeding with the custer
action and to require him to accept $500
in part payment of the rent due.
TIL enforcement of its prohibiting the
carrying OF dogs on its street cars has re-
suited In the street railway company being
made defendant in a suit brought yester-
day by A. M. Lundgard of this city to re-
cover damages placed at LOIS. Lundgard.
who recites in his petition that he boarded
a car in Omaha for this city alleges he
was put off the car on reaching Thirty
seventh street in Council Bluffs. although
he desired to ride as far as Pearl street
and Broadway. In the petition it is merely
stated that the plaintiff was put off the car
by the conductor and for this Lundgard
asks $1,000 damages. Officers of the street
railway say Lundgsrd was accompanied
W a Nosf Nhhth AltS dilt6t ne TSluSSu 10
put off the car. After Lundgard had left
the car and was walking towards his desti-
nation his dog was run over and killed
by another car. He asks SOS for the death
of the dog.
lsadore Mucci, a wholesale ice cream
dealer of this city, filed suit against the
Wabash Railroad company for $500 dam
ages for the death Of three horses which
were struck by a train and killed at the
Poney creek crossing in Lewis township
on February 20 of this year, while hauling
a load Of cream and milk to this city.
r. p. Tellander, as administrator of the
estate Of William Probstle, deceased, has
brought suit against the street railway
company for $4,000 for the death OF
Probstle, who was struck and killed by a
car on Broadway near Main street on the
evening Of February Is, last,
l. II. Hannah has begun suit against
the Nebraska Telephone company, asking
that the company pay him $500 for the al
legged overlooking. overdriving and over
heating of a team Of horses which II
hired from him to haul wire, poles and
other construction material.
Joseph Michener filed suit against the
Union Pacific Railroad company, asking
| S1,6Ss damages for the alleged injuring OF
a number of horses. forming part of ship.
ments from Winnemucca. New. Elco, New.
and Medicine Bow. wyo,. to South Omaha
on August l OF this year.
While Henry T. Pace, a teamster living
on North Eighth street, was being con
veyed TO the county jail yesterday after.
noon to serve a suspended sentence OF
ten days for drunkenness. his wife, Mrs
Hester c. Pace, was filing in the district
court a suit for divorce. Pace was arrested
Wednesday night on a warrant from this
court of Justice Cooper, Mrs. Pace having
filed an Information charging her hus.
band with intoXication. Thursday, wheT
before the court, Pace promised to amend
his behavior and a sentence of ten day.
in the county jail was suspended. Pac,
failed, however, to keep his promise anC
broke over the traces again yesterday
Word was sent to Justice Cooper and h,
instructed Constable Baker to place him II
jail. The PAGES were married at Logan
Ia, November %, 1893. In her petition fo
divorce Mrs. Pace charges her HUSBAND
with kicking, striking and otherwise NAL
treating her. She asks for the custody O
their three minor children.
In his petition for divorce, filed yester
day, Fremont Benjamin, a we'll known at
torney of this city, charges his wife witt
spending most Of her time in Omaha
where. he alleges, she receives her mail
with treating him in a cruel and inhumai
manner, frequently refusing TO cook hi
meals for him and being OF a violent tenn
/ per, which al times caused her to strik
him and members of his family. Further
Mr.. BENJAMIN alleges that his wife ha
sbsented herself from him for more tina.
two years and that, although he and hi
wife have resided in the SAINT house the
have lived in separate parts of 1t.
Alleging that her husband mortgaged a
their household furniture and goods b.
forging her name to the papers, and the
deserted her on July % OF this year. Mr'
sadie b. ShuTtz asks the court 20 gran
T her a decree from Thomas w. Schurtz. t
5 whom she was married In Marengo. Ia
$ August rs, 1905. She asks also, a deere
= giving her the ownership Of the househol
furniture.