The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1909-12-30
JURY GIVES JACOB PRICE $500
DAMAGES FOR DEATH OF SON
Sealed Verdict Was Returned at O'Clock
Tuesday Morning-Jury Sent Back to
Correct Answers to Interrogatories--
Plaintiffs Attorneys Expected $1,000.

1.-THE end of his twentieth year he
would be doing well. The amount
sued for was $4,000, but the plain
tiff's attorney expected a verdict
of not less than $1,000. Attorney
S. y. Stevens stated Monday
that any verdict for less than
$1,000 would be considered a loss
OF the case by them.
Arguments Were Heated.
The argument OF attorneys,
(which was heard Monday we're
heated effussions to say the least.
Attorney Stevens in point blank
words assered that Councilman
Mccoy had falsified when he tes-
tilted that he saw the weigh
ing machine standing against the
Shaded tbuiiding ON the night be-
fore the occurrence of the acci-
dent. Judging by the answer of
the jury to that question in the in
terrogation. that body thought as
Stevens did. The defence, repre-
sented by Attorneys l.. M. Lauer
and w. b. Hess, made a very
creditab1e showing for the city of
Plymouth cutting down the
amount of damages from a de-
n1and of $4,000 to $500, and in
view of the fact that the attorneys
for the plaintiff seemed sure OF a
$1,000 verdict. There was no doubt
that the city was liable for the
accident which resulted in the
death of seven year old Russel
Price, which occurred in Septem-
Der 1908, when while playing on
the weighing machine near the
Sha.lel drug store, he upset the
heavy machine upon himself, re-
sulting in a broken neck, and his
immediate death.
The jury to try the damage
suit of Jacob Z, Price versus the
City OF Plymouth for the sum
OF $1,000 for the death of his son
Russell. who was killed by being
struck by a weighing machine in
front OF the old Shaded Drug
Store. was completed at IL o.
clock Thursday morning.
The jury which is trying the
case is composed of the follow
ing Harry Brosius, Tippecanoe
township, Jacob Richards, Center
tp.. John Silvius North tp., Lewis
Foltz. German tp., Milo Gill
Bourbon tp., George Machlan,
Center tp., Howard Richardson,
Center tp., Conrad Fox, Walnut
tp-, Samuel Berger North tp.,
Cyrus Bondurant North tp., and
George Ray Center tp.
Those excused from the regu-
lar panel were Josiah Jacoby
Center tp., Gust Holem Polk tp.,
and Charles Grover. Union tip.
The remainder OF the morning
and part OF the afternoon was
taken up with the opening state.
ments OF attorneys.
Jacob +. Price the plaintiff was
the first witness. He testified re.
.ganding the accident in which his
child lost its life, on the corner
OF Michigan and CAIRO streets
last summer, by uptipping a
heavy weighing scales upon him.
self. The testimony revealed
that the lad was six years and 6
months old. He resided with his
parents west OF Plymouth. He
had come with his father to Ply
mouth on the fatal Sunday morn
ing to go errands. They had pur-
chased a Sunday paper at the
Fuller store. and had purchased
medicine for the sick mother at
the Shaded Drug Store. Price was
talking with Frank Cullison
when the land played upon the
scales resulting in their uptipping
and his death from broken neck.
The father testified that he lift
ed the scales from off the boy,
and they were lying across his
left shoulder and neck, while his
heal rested upon the cement side
walk Death resulted few mo.
mentS later. fro ma broken neck.
Atty w. b. Hess conducted the
cross examination which was
very lengthy.
What is a seven year old boy
worth as a financial investment !?
Is he losing or paying invest
met. figured on strictly cash ba-
sis?
The question is being thrash
ed out in court, and the opinions
OF witnesses examined to deter
mine the amount a boy could
earn between the age of z and 21
years. vary widely, from a>credit
OF $4,000, to a deficit of the same
amount. Some of the witnesses
in the case OF Jacob f. Price yer
sus the City of Plymouth for
damages occasioned by the death
OF his son Russel aged z, take a