The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1910-06-29
CASE IS SETTLED
WITHOUT A TRIAL
SUIT OF MRS. EFFlE BRINK
AGAINST COPPER RANGE END
ED-oTHER CIRCUIT
COURT CASES.

The last jury case OF the present
term of the circuit court was taken up
this morning. after II was announced
that the case of Mrs. Effie Brink, adj
ministratrix OF the estate of her hus-
band, against the Copper Range Rail-
road company had been settled out of
court. Attorneys O'Brien and LeGen-
DIRE. acting as attorneys for Mrs. Brink
brought this suit to recover damages
from the railroad company for the
death of her husband something over a
a year ago. The man was a brakeman
in the employ of the defendant COM
pany and lost his life on the tracks
of the company I'm this village near the
bridge.
When the case was about to be call
ed for trial yesterday afternoon, At
torney John G. Stone OF the firm of
Ball a stone and Superintendent
Fales OF the Copper Range appeared
and announced that they would like TO
have the court continue the case until
this morning, as they would like to
talk with the attorneys for the plain
tiff with the object OF reaching a set
Element without trial. The request
was granted and the interested par
ties adjourned 10 the law Offices OF
Ball & Stone where. after an hours
conference they came to a settlement
The terms were not public but IL is
rumored that the woman received a
substantial sum from the railroad
company. Mrs. Brink came 10 Hough-
ton from Grand Rapids. her home
since the death of her husband, yes
terday and returned to her home there
this afternoon. With her husband she
formerly lived in Houghton.
Donahue- Liebert Case On.
The last case on the civil docket to |
be tried by jury was started this
morning. II Is a case I'm assumpsit in |
which j. c. Donahue, the Hancock |
decorator, is suing II. T. Liebert, the
architect Of that city TO recover the
sum OF $500, which he claims is due |
him because he Endorsed a note in |
that amount for the architect and |
which he alleges the architect refused /
to pay at the time il fell due and that /
he, Donahue was forced to pay the |
Ai' Jul Ntt7 vi eAN II AAAlN 4llbl II /
ing, the box being filed with some diff
ficulty, as each side excused several |
Of the Jurors by the use of the pre-
emptory challenge.
In this action the plaintiff Is being |
represented by Attorneys Burritt & /
Burritt and the defendant, Liebert, |
has as his counsel the firm OF Han
Ghetto q Lawton, Attorney Lawton
conducting the case. The examination
OF the witnesses in the case was pro-
ceding slowly and il Is doubtful If the
case will be concluded today as every
inch Of the way is being stubbornly
contested.
Another Case Taken From Jury.
At about half past three yesterday
afternoon the case of John Watkins
Of Calumet against Eugene L. Burdick
of Chassell was taken from the jury
and verdict found for the defendant
under the courts instructions upon l
the motion Of Attorney w A. Burritt,
who, in his motion set up that there
was no specific agreement between the
parties as TO what kind OF timber
should or should should not be re-
moved from the land Of the plaintiff.
who brought suit TO recover $S0.74,
which he says he overpaid 10 the de-
PENDANT for hauling this timber.
The contention of the plaintiff was
that he had paid Burdick for hauling
out the timber and afterwards discov-
cred that much OF the timber hauled
out was not OF commercial value and
that he should be refunded an amount
in proportion TO the unusable timber
thus taken out The motion of Attor-
ney Burritt was strenuously opposed
by Attorneys O'Brien and LeGendre
acting for the plaintiff, on the ground
that no specific agreement need enter
ed into. as the man hired to haul the
timber out was supposed 10 be an ex-
perienced timberman and should have
known what not to have hauled. The
land from which this timber was haul
ed is the same as Mr. watkins recent
ly presented TO the Michigan Audubon
Society for bird preserve.
GRAVES TO BE MARKED.