Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1915-06-26
Peterson Damage Suit Called
Thursday and Was
Continued.
AFFIDAVITS BY BOTH SIDES
Plaintiff Announced Ready
But Defendant Was Sick
In Bed.

Inc case OF Mrs. bernlS peterson
VS.. Mrs. Louise Jones Peterson
was called in Circuit Court Thursday
morning before noon and attorneys
for the defense filed two affidavits,
one alleging that Mrs. Peterson had
been sick in bed for several days
suffering with threatened attack of
fever and complications resulting
from an injury to her back, and was
unable to appear in court and ask
ing for a continuance for this and
other reasons. The other affidavit
was by her physician, DR.. 7. w.
Perkins, setting forth that her ILL
ness was such that she could not
leave her bed to attend court.
The plaintiffs attorneys asked for
time to prepare counter affidavit,
which was filed at one o'clock, deny
ingthe genuineness of the defendants
illness and motion was made that
three disinterested physicians be ap.
pointed by the court TO examine her.
1t was also alleged that proof would
be made that she had declared that
she would never 60 into court in the
case. A lengthy argument followed
the filing of these papers. Attor-
neys for the defendant vehemently
protesting against the motion made
by plaintiff as a reflection on them
and their client. A legal question
was also raised that Mrs. Berni:
Peterson had refused last February
to give deposition concerning hel
suit for damages and by reason OF
that fact the defense was unprepareC
to meet her charges. A decision wa:
read bearing on this point that raised
what the court said would be a lie.
gal barr er" to a trial at this time.
a Attorney Russell for the plaintiff
! said the same barrier would exist at
4 future courts, this being the second
court since the refusal. Judge Han
berry in continuing the case at the
cost of the defendant said but for
the defendants refusal to depose he
woul1 set the case for trial next
week, but that would not give time
for preparation even if the DISPOSE.
ton demanded should be made to-
day, as witnesses from Utica n. Y.
might have to be called upon to ties
tify. He said further that the same
reason would not be accepted anoth'
another court unless there was an
other refusal to depose.
The plaintiff sat in the court room
during the proceedings with her
mother, Mrs. Greene, and little
daughter, Jane Peterson. The other
side was represented only by attor-
neys. A large crowd was in the
courtroom.
Another case of impor ance has
decided just before the Peterson case
was taken up. 1t was the damage
suit of Mrs. Flora Wilkins VS.. the
city of Hopkinsville growing out of
the Fourth street sewer that flows
into ravine in the rear of her prop.
erty on Fifth street. The claim was
made that the sewer was unsanitary
and a detriment to her property.
The jury was out only a short while,
finding for the city.
In the damage suit of Edward
Adams VS.. DR.. G. w. Lovan for
81 900, the jury found for the de-
PENDANT on peremptory instructions.
Adams mule became scared at DR..
Lovan's automobile and ran off.
C. R. Boyd VS.. L. & N. Railroad.
judgment for plaintiff for 5000 for a
mule killed.
G. j. Kirkman VS.. C. M. Gibson e.
Son, continued.
Douglas Bell VS.. Lilly A. Troendle,
thrown out on peremptory instruc.
tons.
j. A. Ledford VS.. Mrs. Anna P.
Coleman. on trial.
The Grand jury adjourned at noon
Thursday, after returning total of
IS indictments. None Of the. last
batch was Of much importance.