The diamond drill., 1920-05-29
JUDGE FLANAGAN CUT AWARD IN
TWO AFTTR IEkYIKG NEW TRIAL
POWER AND WAFFEN BATTLE
Appealed Justice Cases Consumed
Most of the Courts Time
During Past Week

Judge Flanagan listened TO argu-
ments for new trial in the Duff-Mc-
Dermott case last Monday and before
he left court on Thursday he handed
down his decision. He denied the |
motion for a new trial but reduced
the verdict rendered by the Jury 10
$4,000. The jury, 1t win be remem-
bered, gave Mrs. McDermott Judge
ment OF $4,000. Ii was enormously
stated at the time that the verdict was
doubled by the court as the law dir
ects. Judge Flanagan took no ac-
tion at that time, reserying his action
until the matter came before him A.
gain in the request for a new trial.
Under the law the reduced verdict
must be doubled so that the effect OF
the courts action Is that Mrs. McDer-
mott is awarded $4,000 instead of the
$4,000 that would have to have been
entered up against Duff had the ori-
ginal findings Of the jury been sus-
tainded
Judge Flanagan opened the adj
journed session OF the circuit court
for Iron county at the court house
last Monday morning with FIVE jury
cases on the catl board to be dis
posed of.
Court Reporter Higbee was absent
on vacation and his place was taken
by Miss Grant OF Iron River, steno-
grapher for Atty. A. ]. Waffen.
The jurors called for the term were
all on hand and the first case on call
was commenced. II was an action
brought by Charles Belonge and Grant
Patterson, co-partners, against Vim.
Goodfellow, all OF Iron River.
Belonge and Paterson contracted TO
cut some logs for Goodfcllow who had
contract with Herman Holmes for
the cutting OF some timber in Stam-
J baugh township. In addition TO cutt-
! ing the logs they did some work by
the hour at certain times when Good
fellow was Ill. For this work they
were allowed ten logs for each hour
they worked.
I When settling up time came Good
: fellow refused TO pay for certain
, number OF logs which he claimed were
under size and not according to con-
tract. Belonge and Patterson receiy-
} ed SPAS from Goodfellow; the com
! plainants claimed $29 and averred
,, 'that s25 which Goodfellow paid them
! was for material outside OF the log
: cutting contract
II was shown that the logs were un'
der aide as claimed but that they hac
been loaded upon sleighs and hauled
: away. The jury after listening to th'
j evidence took about half an hour tt
!. decide that Belonge and Patterson
were entitled to their claims OF $6'
= for which they returned verdict.
d The case came to the circuit cour
. from the justice court at Iron Rivel
with George Power representing BE
) longe and Patterson and A. J. Wanei
; for the defendant, Goodfellow.
2 Another Justice Case
The second case called was that o
steve Polish against John Melchior
20 casnian This was also an appeal
! ed Justice court case and the attor
y news were the same as In the mrs
II case Power for the complainant an,
i waffen for the defendant.
/. Complainant, whose title TO W
o claim for which he brough actor
u came through an assignment from
% hrother-in-law. claimed that Melchio
= :, houaht a pile of stove wood fror
70 him and agreed to pay $l60 for Il
y that he hauled the wood and deliver
= ad n "A directed by defendant br
~ that the latter refused to pay Tor
l. bacause when Il was piled up y
le found only Al cords OF wood In IN
y pile.
!. Defendant claimed that the con
nlalnant represented 70 him th'
A. ,hero were 30 cords Of wood in u
G nile. that he had the wood piled an
4 measured by a third party for tn
reason that he became convinced thi