New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-10
RUSH GETS ONLY $1,000
Kansas City Court, in classic
Opinion, Reduces Verdict
PAPER WORTH $500, HE SAYS
Testimonial to sobriety OF ram
many sightseers on Return
from Denver Convention

from Denver CoAS0
The honorable Judges of the Kansas wy
Court Of Appeals have sense oi "''''''
= o,ali,v sometimes wofuly lacking IN the
occupants OF the bench. Inc ''''
souri, nrists comprising the Court oil APP
meals have INDUCED their propensity az the
expense of Thomas r. Rush. ua"''e' '''>
attorney I'm this city 70 the state ton
,roIIer and Tammany leader but no man
ever had 800 clipped from ver"io' ,''''
he recovered with greater pleas"'e VIA"
Mr.. Rush experienced when he reao '"e
docis;on of the Kansas City tribunal on an
appeal by the Metropolitan street hi'""S
Company Of Kansas city from a Juos"e''.
Of 81. so obtained by Mr. Rush for personal
injuries.
The decision shows not only sense Oh
bunor. but a deep knowledge OF AFFAIRS II
is as frothy as the glass OF peer 'ha' !,
mentions and throughout scntllates ana
bubbles even as did the mineral water Una,
tho aupust court found Mr.. Rush drank
before the accident in which he was IN
1ured, WnlCh the MlSSoui' !"'e
"a drink that neither cheers nor 'neprl-
ates"
The accident happened in 1905 Mr.. Rush
and party Of friends who had been 10
the Democratic National Convention AZ
Denver. stopped off al Kansas city on thei'
way home. and took advantage OF the stop
there TO do" the city by hiring an au'o-
mobile sightseeing car. \ ear of the N''
ropolitan company. which must have maze
tho marty think of home. hit their auto
mobile and Mr. Rush was thrown to the
rround He suffered broken arm and sew
eral minor. injuries. being compelled to stay
several DAYS in a hospital in Kansas CITY
before he could proceed on his trip to Ne"
York 1890.
He sued the railway company Tor >i'''
and recovered verdict OF sl.5'. Inc Coi"-
many appealed and the higher court IN us
ren,arka BILE decision. has cut this down I"
,l ooo In case Mr.. Rush decides not 10 ac-
cent the lesser amount. the court VIII upset
tho verdict u + said that the plalh'll
would gladly have another S|' taken OH
for another such decision as the Court OF
Appeals rendered ~.
"Realizing. saws the court. "that ara
,.os,os uere 10 be trayersed. necessary
.,,,rI,oe uere carried on the tourney, but
ON the return trip via Kansas city no
r.,,id eustensnce stronger than mineral
water was served after the train emerged
from the alkaline wastes OF western Nan
sas"
Then the court tells about the stopoVer III
Kansas city. saying that Mr. Rush ana MS
civ companions made careful preparations
~ nresent 2 good appearance.
Continuing. the Missouri juriStS SAYS:
.p,d,ro IN the omen air engenders thirst
ord on their return from doing the bou'e-
I'D. q s,op was made a the Baltimore
Hotel where all alighted. went To inc pa'
and each took drink. All chose heer a.
tho hest thirst quencher except the pam
tiff and the chauffeur who stuck IN MN
era, water a drink that neither cheers nor
inebriates. .,
Arter that the party visited the nan
ubora William J. BRYAN was nominated IN
,ann The court saws of this; IT must he
confessed that the route followed in reach
Ing the building was devious. hut we give
,i,no weirh, 70 that fact and, for the pur-
roeas If the demurrer. 10 the evidence
which the counsel for the defendant con-
tend should have been given. accept as true
the testimony of the seven that lndlVIh-
uallv and collectively they were Soper'
ouie, and well behaved. and were NOT IN
toxicatod and disorderly. as some or the he-
| PENDANTS witnesses describe their conhl-
ton"
To this the court adds: no doubt the
recollection of the consequences following
the stirring scenes enacted in that building
I'm the Hateful year ri l9" made them al
feel sober. and careful too
Az 10 the behavior Of the automobile
wagon. tho court saws: According 10 Wit
neeses for the defendant, not lighter does
tho swallow skim along the smooth lake
| Lowell brim' than did the machine glide TOWARD
tie doom. while Witnesses for the plalntlfi
snoke disrespectfully OF the vehicle, ana
one Of the seven called it an old tuh
Tbev say IT toiled slowly and painfully
ator0 at not to exceed six miles an hour
we shall not say the evidence OF the
nlaintif is unreasonable; to do 50 would
ronuire us not only to repudiate the testi-
,oonv Of apparently credible witnesses
but 10 speak I'm terms Of too great praise
of sightseeing automobiles.
The court SAYS lhdt 'he jury "i" nv a.
cent the claim of Mr.. Rush for the time he
lost a. result of the accident ana the
court uphods this action a follows: ne
lost time occurred in the summer vacation
during which law business Is AT its lowest
ebb I'm New York Lawyers OF the N'e"-a-
week type. al the beginning of that period
| usually turn the Office over 10 the CLERKS
and go to Europe. to Atlantic summer re-
sorts and sometimes. though rarely pene-
trate into the 'Hinterland.' OF course PLAIN
tiff was not entitled to recover anything
| beyond compensation for actual loss ana
! II is his misfortune that his lost time oc-
CURED in comparatively unproductiye
season