Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1909-03-25
JURY GAVE
HILL VERDICT
In Case Of Hill vs.. N. P. Ry. Co.
For Feed and Care Of
Circus Horses.

Circus Horses.
~
The county court for the adjourned
February term, closed Saturday by
the court submitting the case of A.
J. Hill, VS.. the N. P. Ry. Co. and A.
M. Burt, the superintendent, to the
jury, who rendered verdict in favor
Of Mr.. Hill for 1887. The case grew
out. of the Gollmar Bros, show
wreck at Medina last June. Mr.. Hill
claimed that the railroad company
had brought nine head Of injured
horses from the wreck to his livery
barn in Medina for feed and care and
that they were cared for and fed for
some three months, that they were
bruised. lame and had broken bones,
and required extra care. The rail-
road company claimed that it acted
as the agent. of Gollmar Bros. in de-
livering the horses to Mr.. Hill for
care and denied all liability.
The jury found for Mr.. Hill and
rendered its verdict as the reasonable
value of the care and feed of the
horses.
Assistant Attorney General Zuger,
of Bismarck, States Attorney Thorp,
City Attorney Wilder; Ball, Watson,
Young & Lawrence, of Fargo, as
sisted by Russell Chase represented
the railroad company. John Knauf
and C.S. Buck represented the plain
tiff.
Brief reference was made to the Vic
toria Soule case in Saturdays issue.
AS many members Of the Yoemen
order and others became interested in
the outcome of this case some further
details are given. AS stated the case
was tried in this county 2years ago,
the plaintiff receiving jury verdict
in her favor. from which the Yoemen
appealed to the supreme court which
has handed down a decision Of affirm
ing the decision of the lower court.
The action was one brought by
Mrs. Soules Of LaMoure, against the
Yoemen to recover on an insurance
policy issued to her husband, payable
to her as his beneficiary. The insur-
ance policy contained a clause that
avoided its effect If the insured died
by suicide, whether sane or insane.
The policy was issued In August,
1899, and on the evening of July
22nd, 1902, Mr.. Soules was found ly-
ing beside a hay stack dead, a scalp
wound on the back of his head, made
by some blunt instrument, a ham,
mer, the handle despatched with
blood, partially hidden under the hay
vas round near the head. the throat
gashed from ear to ear, a razor and a
pen knife, not the property of Soules
found a few feet from his head, the
hands lay as II in repose, not so COW
cred with blood as to show that he
had committed the deed himself.
His home life had been all that could
be asked, his financial condition not
bad, his small family, wife and
three small Children, all bright and
happy. No reason could be assigned
for suicide.
The payment of the policy was re-
fused on the ground that the insured
was a suicide. The matter dragged
along for some three years and then
Mrs. Soules brought suit on the pol
icy, When the case was brought on
for trial in court the Yeomen con-
tested the right Of recovery on two
grounds, lst that the insured was a
suicide, End that the insured had
made Misrepresentation in. his an
swers in the application for the in.
policy. Mrs. Soules main
tained, that no evidence showed that
Mr.. Soules had committed suicide,
but taken as 9 whole, tended strong
ly to show that he had met with foul
play; and that II any questions In
the application had not been an
swered literally correct, that they
were with reference to immaterial
matters, not affecting the risk under
the insurance contract. The case
was finally submitted to tie Jury at |
the January 1907 term Of court and !
verdict for the full amount Of the
policy and interest and costs rem
dered IN favor OF Mrs. Soules.
Mr. o. ]. Seller was employed BY |
the Yeomen, when the case was first !
begun and recommended q settle
ment. The late j Judge Glaspell, Il.