The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1916-01-20
After Hearing Testimony and Instructions
Of Court Jury Finds in Favor of
Browne; Costs Of Litigation
Reach Over $500
RAILROAD DAMAGE
SUIT ON TRIAL
Plaintiff Asks $1,000 for Personal Injury
Received by Fall from Frisco Station
Platform at Tuttle; Jury
is Selected

With the handling in of sealed yer
dict by the jury which tried the suit
OF bud ROLAND VS.. j. S. Browne, twelve
was struck for the third time in this
matter. The opening of the verdict
this morning showed the finding Of the
Jury to have been for the defendant
at two previous trials, one before JUS
tice Fuller and the other in the district
court before Judge Linn. the verdict,
in each instance had been for the plain.
tiff.
When the court reassembled after
the noontime recess yesterday and the
examination OF witnesses was resumed
the defense showed that at the sale
OF the plaintiff on the 9th of Septem-
Der, 1915, the defendant. Browne, had
bought a herd Of nine steers at uni
for price of $40 or s49.50 per head;
that he had given the clerk of the
sale his check for the nine head at
the price named above. the price az
which the auctioneer had knocked
them down to him; that when he
rounded up the steers he only found
eight; that he went to plaintiff and
told him so; that plaintiff told him he
did not expect pay for mare than ne
had bought; that the check in pay
ment for nine steers was then destroy
ed or taLasn back by the defendant and
a check in payment for but eight steers
written and given; that after that
plaintiff told defendant that the steer
was or mis-. plaintiffs premises;
that defendant told plaintiff he would
receive the steer and pay for him pro-
vided plaintiff would deliver the ami
nal; that plaintiff refused to do this.
claiming the sale was made ealing for
delivery on the premises; that he had
not refused to take the steer because
il was smanev than its fellows.
Following the courts instructions
the jury held that the destroying or
taking up by the defendant q the
check given in payment for nine steers
and the giving in lieu thereof a new
check in payment for. eight steers,
constituted q new contract and found
as above stated, for the defendant.
THIS case was first tried before
Judge Fuller short time after the
sale at which the stock was sold. The
Jury found for the plaintiff and gave
Judgment accordingly. On appeal 10
the district court the jury found again
for the plaintiff and gave judgment
accordingly. Judge Linn afterward
granted the defendants motion for q
new trial and the case was again ad
Indicated and the jury yesterday, re-
turned the verdict as above stated.
Attorneys Simpson and Herr for the
plaintiff will ask new trial and IN
case the same should be denied the
chances seem most flattering that the
case win go to the state supreme cour'
for its final adjudication
Court Clerk Newman stated this
morning that ne had not time to
figure the costs. in total sum, for the
three trials of this case, but that tht
probabilities were that the same
would amount to over three hundred
dollars, as an average attendance o
about twenty witnesses had been pres
ent at each OF the three trials. Thes'
witnesses, many of them. come from
distance Of from ten to twenty mile:
and the mileage, in addition to the pc
diem, will figure up a rather interest
ing amount on the gross sum total o
the expenses of this case.
Preceding the opening of the Gov
case" verdict this morning the corr
disposed of a number Of motions ant
reset one or two cases for hearing 3
this term.
In the matter of w. II. Jones vs.
q. W. Dodd. suit on note, judgmen
was rendered against the defendant b.
default.
The matter of w. f. Aduddle vs.. 81
L. q s. f. Ry Co., through the recei'
crs Of the company. was chen taken II
and the following jurors sworn an
empanelled as the body to try the case