Omaha daily bee., 1916-02-06
JUNKIN ACT HELD
GOOD In HIGH COURT
Another and Final Decision Given
in Marsh- Burke-Yost Suit
at Lincoln.
DOUGLAS JUDGMENTS REVIEWED
cFrom a staff correspondsntl

(From a Staff Correspondent
LINCOLN. Feb. s.--Cspeciai.)-T Ne
braska supreme court again today az
firmed the szS.0oo Judgment secured by
the Marsh-Burke Coal company against
]. II. Yost for conspiracy 10 drive the
plaintiff out Of business under the Junkin
antitrust law Of Nebraska.
The high court today over~ruied a
motion for rehearing. IL IL likely that
Yosts attorneys. +. NJ. Hall OF Lincoln
and T. J. Mahoney OF Omaha, will carry
the case to the supreme court.
The judgment IL the first ever obtained
under the provisions % the. Junkin anti
trust law. The amount allowed by the
Marsh-Burke company by the jury was
Gas 900. but the court required q renittitur
Of sis.0o0 When Tost appealed TO the
supreme court, the Msrsh-Burke COM
pany filed a motion for q three-fold
award Of dsmasas or 10000. under the
punitive provisions Of the Junkin statute.
hut this motion was over ruled by the
high court.
Rose DIssents in Edho Case.
Judge Rose Of the supreme court
presented a dissenting opinion in the
Edholm divorce suit Judge Rose holds
the majority opinion by Judge Hamer un-
necessary. Judge Rose says that out
side Of purely domestic differences and
marital infelicity there was no evidence
to show either party at fault and he
thinks the daughter should not be en-
basrassed by paradlng such matters in
print.
Irwin 20 Get Damages.
Tho supreme court today found that
Edward Irwin. an employe OF r. p. Gould
& Son. was entitled 10 damages for in
juries sustained during the course OF his
employment. The Judgment OF the lower
court was affirmed. Irwin was struck
on the foot by a plank which fell 100 feet
from the top OF building. Irwin was
operating q cement mixer for the Goulds.
Douglas Case Reversed.
Because the Douglas county district
court entered judgment under the work
nen'se compensation law without spe-
ciai agreement between the parties for
this purpose, the supreme court today re-
veTsed the finding In case brought
against the Union Stock Yards company
BY Fred Johansen for the loss OF an eye.
The case was decided In Johansen's favor
by the lower court. but IL reversed and
remanded for this omission. So
britt 60 Recover Damages.
The judgment OF the district court OF
Douglas county IN the suit brought by
Or. Leonard Britt. a colored physician
OF Omaha. against the Omaha Concrete
stone company was affirmed The find
Ing was In Brltt's favor. The lower
court said the company was NEGLIGENT IN
leaving a pile OF sand In the street. ineto
which the PLAINTIFF automobile crashed.
Damage suit Reversed.
a Judgment secured by James Pierce
against the Boyer-Van Kuran Lumber
and Coal company In Douglas county
was reversed by the high court today.
Pie~ce, teamster. suffered the loss OF
an eye after being struck In tho face
by stick which fellow empIoye play
fully threw at HIM The Judgment ls re-
fersed on two grounds--ene OF lack OF
proof SHOWING that tho accident occurred
In the course OF employment, and the
other because the district court decided
on lump sum. sf-. 4
Saloon Man Must Pay.
A 400 Judgment obtained IN va,,.v
county against samuel q. Dumond, an
ord saloon keeper. on behalf Of two or
phaped children Of oisIIle and Jennie
phair. IL affirmed. II was alleged that
ihair became : driankard from patronls-
ing Dumond's place o. hnslness. During
3 spree. the evidence showed. ne kicked
his wife in tho side. the injury resulting
IN her death. Later Phalr himself died.
Il was alleged. from the effects Of alco-
hollsm The suit was brought by the
guardian Of the children.
Notes from stocI<vuIe.
sTocKVIId.E. Neb.. Feb. b-(speclal ]