The Oskaloosa herald., 1909-11-11
IN THE DISTRICT COURT
Disposition of Various Matters by
Judge and Jury.

Some what of compromise yer
dict was returned by the jury in the
suit of j. o. Singmaster VS.. }. j.
Burrier, in which an attempt was
made to recover from the defendant
OF an unpaid account for horses pur-
chased from the plaintiff. Mr.. Sing
master is one of the firm of Singmas-
ter & Son, of ,Keota, Ia, who are
among the largest importers OF hors'
es in this part of the country. Their
ranch is an interesting enterprise,
frequently visited by tourists and no
ted for the herds of buffalo and elk
which are kept on the place. TheI
amount of the judgment asked for
was cut down considerably upon the
defendants allegation that the horses
were not physically sound as claimed
a. the time of the sale, Mr. Singnas
ter claiming in defense that the hors-
es were sold without guarantee. The
jury agreed shortly after midnight
and returned sealed verdict which
was read in open court this morn
ing, as follows:
I'VE, the jury, find for the plaintiff
and assess his recovery at 5000 and
interest at the rate of per cent per
annum from March /, 1908, which
amount would be 1920. And We re-
commend that the costs be divided
between the plaintiff and the defend
ant.
&C. w. Mather, Foreman"
The next case taken up on the as
signment is one of considerable i'm
pcrtance. Carrie J. Fuqua ct al VS..
the City of Oskaloosa, in which
$2,400 damages are asked, claimed to-
have been sustained by the plaintitf
on account of injury to his ten-acre
place at the south limits of the city
o. 0skaloosa, about opposite the end
o. South D street, on account of a.
sewer leading out from the city's.
septic tank II is one of dozen or
more similar actions brought by prop
erty owners in that vicinity. S. VI
Reynolds and Williams & Orvis areI
attorneys for the plaintiff, and City
Solicitor H. w. Gleason and Jas. A.
Dewitt are attorneys for the defense.
A jury was secured this morning I'M
less than an hour and the openingI
statements made before noon. The
iCrymen serving on the case are as
fellows: Warren Cation, Monroe;
Joe Shaw, Prairie; N Patrick, East
Des Moines; w. c. Daily, Prairie; j.
D Thomas. East Des Moines; VIM.
Young, Prairie; Chas. Shoemake,
Madison; Ben Blizzard, jefferson;
John Rempke, Sr Madison; l.. Hack
EFT, Scott; Wash Bennett, jefferson;
Fred Keller, Richland.
The remaining jurymen on the pan
ei were excused until next week
when the regular criminal assignment
will be taken up.
The appeal was filed Saturday after
noon in the matter of the Drainage
District No. 2, in which H. B. Nelson
e: al were petitioners. 1t includes a |
copy of the appeal bond and a trans
cIipt of the record made of the hear
ing before the board of supervisors |
The appeal is taken upon the order
OF the board rejecting the claims for
damages filed with the board.
The jury returned this afternoon at !
1870 to resume the trial of the dam
age suit of Fuqua VS.. the City of Os-
kaloosa, in which $1,000 is asked for |
alleged damages resulting from a sew
e. in the southwest part of the city. |
The trial will possibly last several
days The criminal assignment which .
was to have been begun today, will
be taken up Immediately upon the
completion of the Fuqua case.
Rapid progress was made yesterday
in the trial of the damage suit of
Fuqua VS.. the City of Oskaloosa, in
volYing the alleged sewer nuisance
complained of at the outlet of the sep
tic tanks in the south part of the city.
Judgment for $4,000 is asked from
the city. Mr.. Fuqua's land includes
ten acres. Attorneys S. V. Reynolds
and Williams & Orvis appear for the
plaintiff and City Solicitor H. w. Glea-
son and Jas. A. Dewitt for the city
of Oskaloosa.
Among the witnesses examined by
the plaintiff were X. A. Kent, ]. w.
Earring, Geo. c. White, Jas. Brown, DR..
ID. l.. Cole, DR.. F. J. Jarvis, Mrs. EN-
ma Herbig, John Mcdonald, w. II.
Bovee, Mrs. Nancy Bovee, r. w.
Moore, J. c. Hanna, John Shannon,
John Corcoran, DIR. +. F. Parker, w.
r. Campfield and c. z. Monroe. Wit
nesses subpoenaed by the defense in
Guide d. c. Quick, A. F. N. Handle
ton, G. w. Sparks, A. ]. Augustine and
j A Magee.
The city was threatened with a
suit on these same allegations in 1906
and at that time, as it was shown in
the evidence yesterday, Mr.. Fuqua ac-
cepted $125 as settlement for his
grievances up to July /, 1907. It APP
pears that this settlement was made
Sept. is, 1906, and while the defense
attempted to show that this small
amount accepted at that time indi.
Gates to some extent how the claim
for damages in the suit now pending
has hppn pyaVParaiad Mr. Euoua |