Omaha daily bee., 1915-03-14
Nebraska
JURORS APPETIZER
DOESN'T ALTER CASE
Supreme Court Holds Since They
Were in Sight of Bailiff Yer
Verdict Will Stand.
GAME LICENSES TO STATE FUND
tFrcn a staff Correspondent

CFrofn a staff Correspondent
LINCOLN, March 12-(SpeciaL )-The
supreme court sees nothing prejudicial
in the fact that two Harlan county
Jurors after a case had been entrusted
to them, stopped in at a saloon on their
way home to dinner and took an appe-
tizer, or even two of them.
The question arises in the case OF James
s. Reed against the Burlington. The
high court does say that It was miscon-
duct, but as long as the Jurors were
undor the eye OF the bailiff and talked
with no one concerning the case, it was
not such misconduct as could be consid-
cred prejudicial; that is, as grounds for
overturning the verdict.
The opinion Is written by Judge Sedg-
wick. He calls attention to the fact that
the men did not become intoxicated. The
plainiff in the case recovered a verdict
OF 1000 against the railroad company for
damages to his property caused by flood
waters loosened through a railroad cul-
vert, which. it was alleged, was negli-
gently constructed. The judgment of the
lower court is affirmed.
Game License to State Fund.
Money paid out for hunting and fish
ing licenses does not belang to the school
fund of the county in which II Is col
lected. but belongs to the school fund OF
the state, according to the opinion handed
down by the supreme court this morning
In the test case brought in Furnas county.
John Stevens brought the suit in the
nature of a mandamus action, to compel
the officials Of Furnas county, the state
treasurer and the state game and fish
commissioner, to turn the Furnas county
license money over to the school fund
of that county. The lower court found
against Stevens, and it's judgment is af-
firmed by the high court.
South Omaha Paving Case.
The high court affirms the decision OF
the Douglas county court that Edwin
Davis cannot maintain a mandamus &C
ton to force the city officials of South
Omaha to use a certain kind of paving
material, the same being a matter of
discretion and not a ministerial function.
Fine Must he Paid.
Wendolin Gerwick, charged with an as
sault upon neighbours boy, must pay
the $40 fine imposed upon him following
his conviction by a Richardson county
jury. The boy was searching for a lost
pig. He claimed that Gerwick hit him
over the head with a stick.
shaft No Place for Head.
The $11,0oo verdict recovered in the Ian
caster county district court by John
Wright against the Selden-Breok COM
pany, the contractor that built the First
National bank building in Lincoln, was
overturned today by the supreme court.
Wright, who was employed in one o.
the offices Of the building as II neared
completion, stuck his head IN the door of
the elevator to call for 1t, a cali bell al
that time having not been installed. The
cage descended suddenly, crushing
Wright's head between its door and the
lower pane of the empty door-window.
The court holds that 1t was not negii-
gence per Sc upon the part of the con-
struction company to operate the elevator
without a call bell, the building at that
time not having been open to the public,
but only to the employees and licensees
of the company.
Furthermore. the court says that
Wrights action in thrusting his head into
the elevator shaft was one of utmost
hazard and that he cannot recover for
injuries received as the result of such
action. The bank was also a party de-
PENDANT. but was freed from liability by
the lower court.
Damage Case Reversed.
The Douglas county jury that gave
Ethel Burge a verdict for s.. 9S3 against
the C. f. Adams company for damages
for injury to health caused by an insistent
collector was clearly the result of passion
and prejudice, according to the supreme
court, which reverses the case.