The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-08-23

|
| " liam w. Woods, in the case Q
Stona Samovich and Mar
Samovich, Willie Samovich an
Charlie Samovich, minors, by thei
guardian ad Item, Stona Samovich
plaintiffs VS.. Green Hill-Clevelan,
Mining company, defendant, rendered
judgment On the pleadings in favo
of the plaintiffs and against the de
PENDANTS for the sum of $31,25912
This is said to be the largest judg
ment ever rendered in this county fol
the death of an employe in the mines
of the Occur d'Alene district.
History Of Case.
There is an interesting history con.
nected with this case. The suit was
originally commenced in Shoshone
county on December %, 1915, to re-
cover $4,000 damages for the death
of John Samovich, the husband and
father of the plaintiffs, who was kill
ed while employed as miner in the
mine Of the defendant at Mace on May
20, 1915, by the explosion of missed
hole loaded with dynamite, of which
the plaintiffs contended that the de-
ceased had no notice. The defendant
denied any negligence on it's part and
set up as defense a settlement made
with the approval of the probate court
of this county on May 27, 1915, in the
sum of $4,000 which plaintiffs claimed
was obtained through fraud. This suit
was finally dismissed at plaintiffs re-
quest on March s, 1916, and suit was
thereafter commenced by the plain
tiffs against the defendant in the state
of Nevada, the defendant company be.
ing a Nevada corporation. A tria
lasting a week was had in Reno, New.
where on March 5. 1917 the jury re-
turned verdict of 100000 for the
plaintiffs, to which a motion for a
new trial has been interposed, argu-
ed and is still under advisement by
the Nevada court.
Back to Idaho Court.
In the meantime the plaintiffs on
April 20. 1917, commenced an action
on their judgment obtained in Nevada
in the district court of Shoshone coun-
ty for $30,546.40, to which the defend
ant interposed an answer charging
that the judgment was null and void
first, on account of the settlement
made with plaintiffs for $4,000; Sec
ondly, because plaintiffs failed to
plead and prove the laws of the state
OF Idaho giving them a right of ac-
tion and elected to sue under the laws
of Nevada where workman's COM
pensation act was in force and effect;
third, because the judgment of the
probate court of Shoshone county au-
a settlement for $4,000 was a
bar to the suit, and further shat
through a certain stipulation made by
plaintiffs attorneys, the defendant
was prevented from having fair
trial.
Judge Woods held that these de.
lenses did not constitute a sufficient
defense to the suit on the judgment
and thereupon rendered judgment for
plaintiffs in the sum of $31,259.12.
Ask Receiver for Company.
The plaintiffs had also made an ap-
plication for the appointment of a
receiver to take charge of the assets
Of the company and to preserve them
50 that they could be applied to the
Of any judgment obtained
in the case, and had also asked for an
injunction to prevent the distribution
Of assets or dividends to the stock
holders until the judgment was secur-
ed. supported by the affidavit of w.
H, Plummer, of Spokane, alleging
that the mine of defendant was prac-
tically worked out, that the company
Of work and was only removing the
ore from the upper levels and that the
mine was practically exhausted. The
defendant company interposed a de-
which was argued at the same
time the motion for Judgment on the
was argued, and by the
court overruled and defendant given
until August rs. in which to answer
and file affidavits.
Messrs Plummer & LAWN of Spo-
kane, and Therrett Towies, of WAL
lace, were attorneys for the plaintiffs.
and Messrs. Featherstone & Fox and
John H. Wourms, all of Wallace. were
attorneys for the defendant ;.