The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-08-15
WHAT'S THE VALUE
OF SMASHED FOOT
WORKMAN SUES DREDGING COM
PANv ron TWENTY FIVE
THoUaAED DOLLARS.

and dnkle In cashl Piettro BrAida
thinks Il is ea5 900, and yesterday his
attorney, r. G. Peters, filed suit for
that amount against the Hawaiian
Dredging Company.
Braida had his left foot and ankle
smashed on November 9 last, when, he
says, careless follow-emplOyce dropped
large timber, forty.cight feet long,
fourteen inches wide and fourteen
inches thick upon that portion Of his
anatomy, crushing IL. Piettro doesn Z
know the name OF his fellow workman,
but everybody calls him tGus.
Plaintiff asserts that the Hawaiian
Dredging Company had verbal con.
tract with him whereby Il was agreed
that should he be injured the company
would furnish all necessary hospital
services and careful and skillful medi-
cal care. He claims damages from the
company, first, on the ground that it
showed carelessness and negligence in
employing an allegedly Incompetent
man like 'Gus,n and, secondly, be-
cause, as he asserts, the company
failed to provide the necessary hospital
services and careful and skillful medi.
cal service verbally contracted for. 1t
is claimed on plaintiffs behalf that the
company disregarded its duty toward
plaintiff and failed TO exercise ordinary
care and diligence in the selection and
employment of competent fellow.work
men and retained "Gus, who. the
complaint says, was not competent or
careful, but plaintiff was not aware of
that at the time HGus'' let the big
timber fall two feet onto plaintiff s
left foot and ankle.
Plaintiff declares that by reason Of
the company's negligence with regard
to the employment Of "Gus,' and its
subsequent failure to provide the neces
sary hospital and medical services, he
is now permanently injured, and de-
mands $4,000,
Appeals to Washington.
Thirty acres in Manoa Valley is the
prize for which the Kapiolani estate in
tends to go to the United States Su-
preme Court at Washington @. w.
Ashford, viee-president and attorney
for the estate, yesterday filed with J.
A. Thompson, clerk of the Territorial
Supreme Court, an assignment of err
rors in the latter court s recent iudg--
ment in the case of the Territory, by
Marston Campbell, commissioner of
public lands, versus the Kapiolani Es-
tate, Limited.
The land in Manoa Valley is valued
at $15, 1000 Last September the Terri
tory started a suit in the circuit court
to eject the KapiOlani estate and q
number Of Chinese, its. tenants, from
The premises. Judgment was rendered
in favor of the Territory for the pos
session Of the land and $3.50 damages.
The Kapiolani estate demanded a new
trial, which was denied, and the estate
appealed to the Territorial Supreme
Court, which affirmed the Judgment Of
the court below.
On August the estate applied for
writ of error for the purpose of hav-
ing tie Judgment reviewed by the
United States Supreme Court. Chief
Justice A. G. N. Robertson issued an
order allowing a writ of error and SUI
nersedeas, all further proceedings on
the part of the Territory to regain the
land being stayed pending the final APP
peal.
The assignment of errors alleges that
, the Supreme Court of the Territory
erred in sustaining the action of the
circuit court which overruled defend
ant s motion to set aside the returns
of service of process and that it erred
in sustaining the action of the court
below in denying the defendants mo.
ton to set aside Judgment by default.
The Kapiolani estate also urges that
the Supreme Court erred in sustaining
, the action of the circuit court in over.
ruling its objection to the ease having
been tried by Second Judge Whitney.
the estate claiming that, by rule of the
circuit court, the cause should have
been tried by the third Judge The es-
tate objected to the jurisdiction of
Judge Whitney on the ground that he
was disqualified to sit because he had
been heretofore of counsel for the Ter
ritory against the estate. The Supreme
Court sustained the action Of the cir.
cult judge who overruled the objection
and the estate urges that it erred in
in doing so. A number of other alleged
errors are cited.
Bill of Accounting.
Antonio A. Long, who is suing John
r. Colburn for a bill of accounting
filed notice through Attorney Il. @. Pc
ters yesterday that on Monday at nine
clock in the morning, in Judge Whit
ney's courtroom, application will be
made to John Marcallino, referee, to
set the time and place of hearing.
Kinney, Prosser, Anderson & Marx
acting for Francisco s. Borges in his
suit against Mana Adelaide Betten
court BriozO De Seqneira Encamaeao
filed notice of appeal to the supreme
court from Judge w. J. Robinson's or.
der Diminishing the bill in the cause
yesterday.
Judge Robinson has appointed the
Bishop Trust Company, Ltd, as admin,
istratOr of the estate of Mele Hipa, de.
ceased, under a bond of $1,000, on the
petition of Mrs. Lulu johnson, daugh.
ter and one of the two heirs of de,
eedent, the other being David M. Ku,
pihea. son. The estate is valued al
$4,000.
Divorce Gases.
Suekichi Tsuji, who recently secured
his release from the immigration sta.
ton, where he was held to BIO deported
on a writ of habeas corpus, has started
a suit for divorce against his wife, Ma.
gnyo Tauii. Charges of adultery are
n Z II.