The Oskaloosa herald., 1910-12-29
BYRON \. SEWERS
WINS HIS CASE
Jury Awards Him S15.357.86 From
Cleveland Coal Co.
HE SUED THEM FOR 100000
Much Time Was Spent in the Hear
ing of the Case, it Being on Trial
From December 5-The Jury
Deliberated 27 Hours.

celebrating for tWenty-SeVen hours,
the jury in the case of Byron v. See
vers against the Cleveland Coal Co.,
involving some $4,000, returned a
verdict late yesterday afternoon for
the plaintiff, allowing him $15,357.S6.
Thus closed for the lower court a
case that has been in progress since
December S, and occupied over two
entire weeks in hearing. The case
reached the jury Thursday at 1880
a. M. The verdict, while overwhelm.
ingly for the plaintiff, was not en-
tirely in his favor. The defendant
company was awarded verdict for
$S92.14 on counter claims, which
brought the verdict of $16,350 that
was given the plaintiff on the third
count of his claims, to the sum OF
$15,357S6. Nothing was awarded the
plaintiff on his second count, in
which he claimed some $4,000 on re-
auctions made in land sales from the
optional price. The winning count
was for commissions on the land
sold the Rock Island railroad in Ma
rion county.
Unusual Case.
The Sewers law suit has been one
of unusual character among the cases
heard in Wapello county during the
present year in more ways than one.
In point of written testimony intro
duced it exceeded in quantity the
Blair-Jackson VS.. Wells Fargo Elk
h4 ChnttInAod
damage suit, there being a bushel
grain sack filled with various kinds
of written matter brought into the
case from which 300 letters, vouch-
ers, books, etc. were admitted as
evidence. In giving these a designa-
ton as exhibits, the alphabet was
run through six times and numerals
Appropriated 300, both sides having
considerable of this class of evil
dence of offer. Some cases have
had more witnesses to testify, but
few have kept certain witnesses on
the stand for so long a time during
hearing. Out of ten witnesses
heard, eight occupied two days time
while the remaining two were contin-
ually on the stand for the balance
of the trial, which begun December
5 and continued five days each week
during the interval The plaintiff
was on the stand six days during the
hearing.
Resume of Case.
The case goes back several years
in the history of the claims made by
the plaintiff, B. V. Sewers, and dealt
, with the buying of coal lands or the
taking of options for the coal on
lands for which service the plaintiff
was employed by the Cleveland Coal
Co.
The Whitebreast Co. and the ]. c.
Osgood interests generally were
brought into the limelight pretty
freely during the hearing, and meri
of prominence with these interests
were witnesses. Three counts were
up the case and of these the first
count was ruled out by the court on
a motion argued Saturday for a d.
rected verdict.
Optioned Coal Lands.
The amount involved in the case
before the first count was eliminated
was over 100000, with actual claims
made and the interest they would
bear if successful. AS brought out in
the trial Plaintiff Sewers had been
employed some nineteen years by
the defendant company as it's agent
70 10
on the same. He claimed among
other things that he was sent into
what is known among coal men as
the Belinda Dallas field in the south
west corner of Marion county and
optioned $4,000 acres of coal lands
with the privilege of buying the coal
rights at $25 per acre. The coal COM
pany is said to have followed up his
work with drilling staff. ..-
Claims Large Commission.
He also claimed that in the fall of
1908 he took up with the president
of the Rock Island railroad the mat
ter of selling the field to the road,
representing that it was the last
chance of the railroad to secure the
property. During this time he claim.
ed to have been paid SIS per day sal
airy as agent 1t afterwards devel-
oped that the Rock Island road
bought 1000 acres of this land in the
fall of 1906 and the price paid is
disputed one, the plaintiff claiming
that it brought either $250,000 or
100000. He claims to have had an
agreement with his employers to re-
ceive a commission of 5 per cent
for such sales, which amounts to eth.
er $12,50O to $4,000. This is known
as count three.
Question the Reductions.
Count two is based on the exercise
of options by Sewers, in which he
claimed the right was part of his
duty and that by agreement with his
employers he was to received one
half the amount saved by such re-
auctions. For this service he claim
ed lie melted the company some sSs
AIS through the purchases of coal
lands under the contract price. Thel