The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1912-03-22
DISTRICT COURT

| A~aSuSS SucPAto So"Pouys VI
Fargo, N. D., against John L.
Johnson, X. o. Slette. l. o. Slette
and ]. E. Peterson, came on trial
today, and the parties were repre-.
sented by Messr. John Hurry. OF
Glasgow, and H. r. Turner, an
attorney of Fargo. N. D., who
specializes it is said, in cases oi
this character.
The cause Of action upon which
the plaintiff company sued the de-
PENDANTS was the execution OF three
certain prom,ssory notes by the
defendant Johnson, aggregating
approximately three thousand dol
lais, the first Of which. for about
seventeen hundred dollars, was
indorsed by the defendants H. O.
Slette, l. o. Slette and |. E.
Peterson, who are sued as joint
guarantors OF the first note.
The defense interposed by de,
PENDANTS, who were represented by
Messrs Hurd & Lewis, Of Glasgow
was that Of the failure of the plain
tiff to comply with the terms of the
contract upon which the notes
were given, which was the furnish
ing OF traction engine, which the
defendants allege was defective in
respect TO the representations made
by plaintiffs agents as to the horse
power the engine was capable OF
developing, as we'll as the number
OF plows, etc. which 1t could pull.
Upon motion OF the attorneys
for the defendants the court
granted a non SUIT.
MARCH Sth.
The suit for damages arising out
OF fire started by sparks from a
engine on a branch line of the
Great Northern between Plenty
wood and Bainville in the east en- d
OF the county, was the case in
which Peter Marion alleges that
the Great Northern railway CON-
pany through the negligence of it's
employees, destroyed a number of
tons OF hay which the plaintiff had
stacked upon his premises, as we'll
as the destruction of certain pas
turage by the same fires. The
amount sued for by the plaintiff
was in the neighborhood of 5000.
The defendant railway, represented
by Mr.. K. l.. Bishop, Great Falls
endeavored to show, by the evil
dence OF it's employees, among
whom were engineers Weldy and
Clarke, that due care was exercised
by said employees TO prevent fires
being set, evidently for the pur-
pose of showing that the fires must
have had some origin ether than
that pleaded by plaintiff. The
jury however, found for the plain.
tiff in the sum Of 500.
Defendants demurrer to plain
tiffs complaint, in the case Of Lewis
Wedum Co VS. Phoenix Insurance
Co, was overruled and defendant
given until March, 80, 1914 IN
which to answer.
In case OF Marie Jones agains,
Charles Jones set for trial March
I3, 1919 court vacated the setting.
MARCH nth.
The suit of the American Live
Stock & Loan Co. VS. the Great
Northern Ry. Co., for the alleged
failure OF the defendant to furnish
cars for the transportation OF about
I4o head Of cattle from Malta to
Chicago, was An action forming
one Of six actions of similar char
acter. The cause of action was
based upon the order of Mr.. l.. E.
kaufman. as manager OF the
Helena Pool, comprising the
American Live Stock and Loan
Co., the Conrad Price Cattle Co.
firm OF Stsdler & kaufman. the
Empire Cattle Co., the firm Of
Preuitt & Phelps, Of which !. l.
Phelps, of Helena, is the surviv-
ing partner. L. E. Kaufman m