Pine Bluff daily graphic., 1915-04-06
LUMBERMEN WIN
 IN CUSTER SUIT Supreme Court Decision Protects Holdings Valued
 at Millions. I. M. LOSES APPEAL
I. M. LOSES APPEAL
Must Pay $25,0Ge to Allen Coke, Con. ductOr Injured Wien His Train Went Through Bridge in Desha
 County Last March.

Little Rock, April 5.-What is con- sidered Che of the most important l opinions; handed down by the supreme court, insofar as the lumber interests l of Arkansas are concerned, was one 1 today in the suit of L. J. BurDridge and others against the Arkansas Lum- | Der company. and others, in which $200,000 worth of timber land was in l volyed and which, with different opinion. several millions worth of lum- Der land would have been in contro- versy.
 | Burbridge and others brought the suit on grounds that the defendants, who had secured timber deeds to great quantities of timber land in Bradley and adjoining counties, had not start ed cutting it.
 Defense was that logging roads were being constructed to the timber and that the companies were preparing but could not start the work immedi- ately. The Bradley chancery court held for the defendants and the su- preme court affirmed the holding. A ruling to the reverse would have meant institution of suits on grounds of breach of contract against many lumber concerns in the state by large number of plaintiffs. Conductor Gets &25,OGO. The supreme court affirmed a judg- ment for 5000 damages against the Iron Mountain railroad in an action in which Allen Coke, a conductor, ask ed damages for personal injuries Coke was working on sand and gravel train for the railroad. on March 26, 1914, the train on which he was working went through a small bridge over Lost Chain bayou, in Desha county Coke, riding in the ca hoose. was thrown about and sustain ed many injuries, the most serious of which was a disloeation of one of his certebrae, causing displacement of nerves and permanent injuries, it was alleged He brought suit for $35,0O0, claiming the company was negligent in maintaining very poorly con- structed bridge. A jury gave him $25,- 900 damages, the judgment being con- firmed by the supreme court.
 A judgment giving $3,000 damages to s. E. Simonson for alleged libelous publication by John A. LoveWell in the I.uXora Commonw edith, was reversed and remanded by the court in an opin- ion today
 Mental Anguish Plea No Good.
 Suit growing out of failure of a train to stop when three persons were in haste to get to a funeral was one of the interesting ones upon which an opinion was based It was an action against the Rock Island railroad by Dol Sprouls. They were to attend the funeral of their father and uncle, re- spectively, near Warren and went to Essex Park to catch train that was supposed to stop on flag. 1t dld not and they walked to Lawrence to get train to Hot Springs. On the way, they were drenched in q rain and ait ; erward became i'll, beside missing the funeral. Suit was brought for dam ages and in the instructions, the Hot Spring circuit court instructed the Jury lthat if verdict was given for the l plaintiffs, the assessment of damages should be for such sum as would con- pensate the plaintiffs for inconven- fence. physical pain and physical in iury. and that the plaintiffs could not , recover for mental anguish, reversing and remandng the suit.
 Cases Decided.
 Fifteen opinions were handed down as follows:
 By Chief Justice MeGulloch: I Pcinsett Lumber & Manufacturing company vs. Levi Traxler. from Poln- sett circuit court; affirmed. Frank w. Hill vs. w. M. kavanaugh
 ct al. from Miller circuit court; ar
 firmed: Justice Kirby dissents.
 Arthur B. Steen vs. F. D. Sirrene
 from Hempstead circuit court; al
 firmed.
 By Justice Wood ,, . St. Louis. Iron Mountain x South'
 ern Railway company vs. Allen Coke
 from Desha circuit court; affirmed
 St. Louis. Iron Mountain X South'
 ern Railway company vs. Montra Bel cher. from White circuit court; al frmed.
 By Justice Hart:
 St Louis. Iron Mountain X Southern
 Railway company vs. J. t. baker from Hot Spring circuit court; re D versed and dismissed. ? St. Louis, Iron Mountain X Southeri
 Railway company vs. J. H. Smi.n,
 from Lawrence circuit court; ahlrmeo
 s. E. Simonson vs. Jno. A. Love ; weI, from Crittenden circuit court
 reversed and remanded.
 By Justice Kirby;
 I W. Hudgins vs Bettie Schaitice !. ot al from Garland chancery court
 affirmed
 w D. Atkinson vs. R. A. Preston
 nosb. chaneery court: affirmed Ere6 F. Jones vs. Mollie E. Jones l. from Randolph chancery court ahiiin e cd A.,.o,sas = l.. ]. Burbridge ct al. Vs. Arhansas e lumber company. ct al tfolli o' aoi'' i chancery court; affirmed
 By Justice smith: \, . Desha Bank X Trust company Ns' ~ y w. Quilting from ArKansas chaheo'