Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-10-15
NORTHWESTERN ASKS COURT To
RESTRAIN WIDOW FROM SUING
ROAD IN MINNESOTA.
CASE INVOLVES DEATH
OF EDWARD M. BROWN
He and His Father, Edward II. Brown,
Killed by Fast Mail on beer Garden"
Hill crossins-Wife Sues Road in
Minnesota Court for sac, 37o-Rail.
road Wants Widow Enjoined.

Seeking to force Mrs Johanna c..
Brown, Of this county, to discontinue
her suit for s30,370 damages for the
death Of her husband Edward NJ
Brown, in the district court Of Blue
Earth county, Minnesota, at Mankato
and If she has any cause for action to
compel her to bring it in this county,
the Chicago & Northwestern Railway
Company has filed application for a
temporary injunction in the district
court. The application was set to be
heard on Friday, but it may not be
reached.
The case brought by Mrs. Brown. as
Administrative of the estate of her hus-
band grew out of the grade crossing
accident near the beer garden" hill,
when Brown was killed by the North
Westerns fast mail, No. Is. Feb. G.,
this year.
Father Also Killed.
With Brown was mis- father. Edward
II. Brown, who was also killed. The
company's application for a restraining
order against Mrs Brown is based on
the claim that Mrs Brown is a resi-
dent of this county and has no right
TO file the case in the Mankato court
II IS further alleged that the suit was
MED there for the purpose of harrass-
ing the company, and that in doing so
an unfair advantage was taken of the
railroad
In addition the allegation is made
that the case Was brought in Mime
sofa with the hope tina. the railroad
would settle rather than attempt to de-
TEND he case so far from the scene of
The accident.
Local Court Has Jurisdiction.
1t is claimed that the local court has
Jurisdiction. and that the administra-
riX has no authority to bring the ac-
ton outside of the state: that ii will
greatly increase the cost of defending
it, because of the distance witnesses
will have TO be brought They will be,
the application says. beyond the jurss-
diction of Subpoenas Of the Mankato
court, the jury of which could not visit
and view the scene of the accident.
The application asks that she be re-
strained from proceeding further with
the case. and that the court require her
to dismiss the action without preju-
dice.
Negligence is Alleged
With the application is flied a copy
of the petition OF Mrs Browns case
in the court of Mankato The petit on
says that Brown. and his father
stopped the buggy south of the tracks
to wait until an east-bound freight
train pulled by Then. while the We
hicle was crossing the racks. it VS.
struck by the fast mail, going west
The petition charges that the high
banks of the highway ohstructed the
view of the tracks, and that the fast
mail was being operated at rate of
seventy miles On hour.
Negligenc" is charged. in that 1t is
alleged that the engine whistle and bell
We're not sounded for the crossing
Brown, it is claimed. was earning 81
500 a year. His wife became the
mother OF a child. Edwin, who was
born sly weeks after, the accident. 1t
is in his behalf. as we'll as for the
widow, that suit was brought. Brown
was 20 years of age and had been
married about year when he was
killed.