The Oskaloosa herald., 1909-11-11

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Mr.. Fuqua testified late last even.
ing that since July l. 1907, he had
lost two cows and two heifers as the
result of the sewer water, which they
were compelled to drink. He also
says that he lost 33 shoats and brood
sows, which he values at about $500
He says he was engaged in the dairy
business until his customers became
aware of the alleged conditions on
his farm. when they refused to buy
milk from him and he was compelled
to give up the business. He says he
moved to OslSaloosa Aug. /, 1908, be-
cause he could no longer endure the
smell of the sewage running through
his land. Since that time he claims
he has been unable to rent the place
for practically anything. Mrs. Scud-
der lived there for three or four
months without paying any rent. Mr..
Mcdonald now lives on the place and,
it is claimed, has refused to pay the
rent because of the alleged nuisance.
Damages are asked because of the
rental and selling value of the farm
and injury to- the health of the plain
tiffs.
New Suits Filled. -i
The c. r. |. & P. Ry. Co. has been
made defendant in a suit brought by
Cornelius Van Gamert to recover
81 ,995 damages alleged to have been
sustained by the death of his minor
child, Cornelius Van Gemert, who was
killed in being run over by passen-
ger train on the Rock Island road near
Leighton last, October 4th. He al
leges negligence ON the part of the
railway in permitting the existence of
al alleged dangerous crossing where
the accident occurred where the
track makes a sharp curve around a
high embankment obscuring view of
the track.
Anna Wymore has filed suit for d.
vorce from her husband, Jerry Wy
more, on the grounds of cruel and in
human treatment and adultery. She
asks for $500 alimony and the restor-
alton of her maiden name, Anna Kurtz.
They were married in Oskaloosa in
1903.
Olive Webster has filed a petition
for divorce from w. E. Webster, with
whom she was married in 1900, alleg-
ing cruel and inhuman treatment. She
asks for 500 temporary and $1,000
permanent alimony.
In the case of Carrie NJ. Fuqua and
G. NJ. Fuqua VS.. City of Oskaloosa,
which has been on trial in the district
court since Saturday, being an action
for the damages for the sewer south
of town, in which the plaintiffs ask
damages in the sum of $500, the case
was submitted to the jury about 4:30
yesterday afternoon after arguments
by John c. Williams for the plaintiff
and j. A. Dewitt for the city, and S.
jury at twelve O'Clock agreed upon
and sealed their verdict and returned
the same in court this morning at
nine o'clock. The general verdict was
in favor of the plaintiff, Carrie J. Flu
qua, VS.. the City, in the sum of $3.50,
less than one-quarter of the amount
claimed in the suit. A verdict was
returned on order of the court in ia
vor of the city against the plaintiff,
G. NJ. Fuqua. The jury also answered
the three special interrOgatOlies as
foIlows:
InterrOGatory 1st: WHAT amount. if
%by, do you find was de ore citation o:
the rental value of the premises since
July l, 1907, to the present time?
Answer, $500.
Interrogatory End: What amount
of loss, if any, do you find the plain
tiff, Carrie J. Fuqua, sustained on ac-
count of the death of cattle and hogs,
if any, on her premises since July /,
1907, caused by the alleged nuisance?
Answer $500.
Interrogatory Bird: What amount, if
any, do you allow the plaintiff, Carrie
!. Fuqua, on account of Inconvenience
and discomfort to her in her home
from July I. 1907, to August 5, 1908,
caused by So Nuisance?
Answer $3.50.