The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1909-11-16
CITY OF PADUCAH
TAKES APPEAL In
TELEPHONE CASE
will Fight East Tennessee
Company in Circuit Court
Of Appeals.
Judge Evans Adjourns FED.
eral Court.
ALBRITroN CASE DISMISSED

Paducah wac granted an appeal to
the United States circuit court of ap-
peals at Cincinnati by Federal Judge
Walter Evans this morning in the
suit against the East Tennessee Tele-
phone company. which is operating
without a franchise. The appeal Is
taken from the United States district
court, IN which judgment was rem
dcred several months ago by Judge
Evans IN favor of the telephone COM
pany enjoining the city from GUST
ing H.
Attorney Hal S. Corbett appeared
In court this morning and filed a
petition Tor the appeal. Judge Eyans
approved a bond OF $3.50. ordered TO
be executed by the city. Exceptions
were ICED In court later by Attor-
news Hal Corbett and James Camp
hell. Jr., who are counsel Tor the city
IN the action.
slbritton DismisSes.
A motion 10 remand the suit of
Elmer Albritton. a young man Of
Mss held, against the Illinois Central
Railroad company for $4,000 for
the loss 81 a leg several months ago.
To the state court. was oyerruled this
morning by Judge Evans. Judge
Evans then sustained a motion made
by the plaintiff to dismiss the suit
without prejudice. Il H. said Albrit-
ten will bring suit for $4,000 against
the ralirnad. lie was injured in the
Illinois Central railroad yards. losing
his left leg below the knee and sus-
tainmg ffactlred right thigh Rep
rcsonting him are Attorneys Robbins
and Thomas. OF Mayfield.
FOR the Defendant.
After giving the jury In the case
OF Henry knight, administrator OF
Wright knight. against the Illinois
Central Railroad company. ct al. per-
emprory Instructions 90 find verdict
for the defendant. the Jury retired
and. returning. announced a verdict
for the railroad. Exceptions we're
filed by the attorneys for the plain
tin aud an appeal granted. 60 DAYS
time being given In which TO perfect
the appeal. The acton In the same
suit. naming the Chicago. ST. Louis a.
New Orleans Railroad company as CO.
defendant. was remandcd to the Bal
lard circuit court. knight sued for
$4,000 for the death of Wright
knight lie Is represented by Attor-
ney J. u. wiokline. OF wicklife
Attorneys Robbins and Thomas, OF
Mayheld, represent the railroad COM
pany.
RILEY Gets Continuance.
Kennes Tilley. against whom an
indictment was returned yesterday
afternoon for retailing liquor with
out license. was granted a con-
tinuance until next term aud gave
bond for his appearance. The case
OF Charles Troll, who was indicted
for the same offense. was transferred
20 Louisville on motion OF George Du
Relic, district attorney. Ed Kelley,
indicted on the same charge. failed
10 appear In court this morning, at
which time the case was set for trial,
and instead of FORGETTING the bond,
he was given privilege of executing a
new bond for the next term Of court.
Sam Davis, mate on the steamer
Liberty, who sues the steamer for
si77 claimed due as services, was
given judgment for s1OO and costs
The case OF Fitzgerald Litchford a
company against the steamer Charles
Turner fer $i1S.5S for supplies, was
submitted to Judge Evans. who will
hand down an opinion later.
The suit OF Irwin Baker against the
West Kentucky Coal company was
continued until next term.
Mr.. Muscoe Burnett. the newly
appointed jury commissioner, to sue
coed the Late T. J. Atkins, was sworn
in at $50 O'Clock by j. X. Puryear,
court clerk.
In the suit of the Mayheld Woo,en
Mills Clothing company against Will
liam A. Usher, ct al, the bankruptcy
of the plaintiff was suggested and an
amended petition OF o. {. Holt, trus-
tee In bankruptcy, was allowed to be
filed.
For the third time Mrs. Learney
Schracder who sued the Nashville
Chattanooga & st. Louis Railroad
company for $4,000 damages, lost
as the Jury late yesterday afternoon
returned verdict for the defendant
Mrs. schraeder lost in the McCracken
circuit court and also in the court OF
appeals at Frankfort.
Defendants Dismissed.
Yesterday afternoon number oi
defendants were dismissed from the
night rider suits. In the suit OF C
w. Rucker against ID. A. Afhoss, Fl
al. the names OF James Stone, p. o
Il