The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1919-08-23

Judge Dawson Rendered An Important
Decision In Injury Action.


A COW case was tried In the crys-
tai Falls justice court last week Thurs
day that will stand as a unique piece
OF Jurisprudence 1t was an action
brought by Henry Erickson against
Rev. VIM. Poyseor for injury done TO
his cow by an automobile alleged TO
have been owned by the said defendant
and driven by his daughter,
II seems that some few weeks ago
Miss Beatrice Poyseor while driving
her Buick car along the Crystal Falls
Iron River road ran into and injured
COW. Henry Erickson claimed that
the cow belonged to him and that IL
was injured so badly that II had to
be killed. AS compensation he ask
ed some good, hard coin of the realm.
The defendant. being man OF the
cloth, didn't give actual utterance TO
the same sentiments as the command
er of the lost battalion but he thought
/ the same and its effect upon Erickson
was just as great for II resulted in
his brining suit againt Poyseor for
damages.
Mr.. Erickson employed Clarence
Dwyer to look after his interests in
the litigation while Poyseor countered
with Leigh e. Caswell The seconds
were no more successful in getting to-
gether than the principals had been
SO the case came for trial In the court
of Jhdge Dawson on the day last afore-
said.
Poyseor produced three witnesses to
prove that the COW. injured was a
cream colored" COW while Erickson
claimed il to have been red COW with
black face His principal witness,
who claimed that he saw the collision,
said IL was a red COW.
The real fly in the ointment, how
ever, was the testimony OF young son
OF Ole Oss who said that he saw a man
seor's collision was on Tuesday,
that the COW was knocked down by
the collision and the man got out and
pulled her on TO the side os the road.
Considerable questioning was done TO
get at just how this modern Sampson
managed that four or five hundred
pounds OF beef but Judge Dawson, who
had listened to many of Eli Massie's
stories of happenings in Canada. was
not at all moved by this line of testi-
mony
After spending half a day In taking
testimony and in arguments OF coun-
sci, the decision was left UP TO the
Judge and he, realizing the Importance
Of the proceeding sumoned together
his dignity and his judicial wisdom and
said;
'You'se fellows are both wrong. In
the first place Poyseor had no busi-
ness running along at such hellity
whoop pace that he couldn't stop his
car TO let that cow. irrespective OF
what it's color may have been, cross
the road and In the second place Henry
had no business pasturing his COW on
the public highway for it's against
public policy to do so, especially al
this time when Cloverland Is being
advertised so extensively as a grazing
country.
but, there seems 10 be such con-
fusion OF colors in evidence here that
amt sure whether Il was red COW.
black COW or IL there was any COW
at all killed.
MY decision. therefore. is that the
ownership of this alleged COW has not
been sufficiently proved for me to
make decision upon and the case is
therefore dismissed"
lee a -
decision echoed upon the ears OF the
defendant he gave vent 10 his admlra-
tion in a regular Shakespearean man
ner;
"A Daniel some to judgement; Yea!
Daniel"
Had the plaintiye's attorney followed
the expected he would have responded
by assuming disdaining posture and
replying
"A Daniel; Bah. I'D rather be a
dog and bay the moon than such a
judge
But he didn't, Being rank mod
ernist he looked first at Casweli. then
az Poyseor and then at His Honor,
turned up his nose and said:
RATS"
Court then adjourned for dinner.
Poyseor TO pay his attorney and figure
up his winnings between a settlement
and a lawsuit: Dwyer TO ponder upon
the shortcomings OF the modern justice
OF the peace and Erickson 70 take a
census on his herd and mernorize a
list OF their coIors.
ENCAMPMENT MEETING.
Columbia Encampment No. 11g. !.