Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-12-09
CHICAGO AND GREAT WESTERN
MADE DEFENDANT IN
DAMAGE CASES.
STATE OF IOWA APPEARS
AS PLAINTIFF IN ONE
Asks Damages As Result Of Engine
Hitting Soldiers Home Truck at
Second Avenue Crossing-kilIing
of Five Cattle on Right Of Way
Basis for Suit.

Two suits for damages were filed
Wednesday against the Chicago Great
Western Railroad Company. one for
s33T.56, the other for 1870. The state
OF Iowa is plaintiff in one action. ask
ing the first named sum, for alleged
damage done to an automobile truck
owned by the soldiers home. The
petition sets out that the truck, driven
by q. l.. Walling. an employee of the
home. was struck by an engine at the
South Second avenue crossing on Feb.
q last. 1t is claimed string of box
cars hid the engine from the view Of
the driver of the car; that no warn
Ing was gifen of the approach of the
engine and that no guard was at the
crossing at the time.
The car wGs badly damaged but the
driver escaped Injury. The car was
loaded with 1000 pounds OF white
lead. ]. Barton Payne, !iquidating
agent Of the road, Is named as CO.
defendant.
Cattle Killed; Asks Damages.
Charles Mead is plaintiff in the
second action, claiming 1910 Of the
road for the loss of Ave head of cattle.
Mead alleges the road undertook to
provide and maintain private farm
crossing, two miles east of the city,
over its right ofway and leading to
| the farm OF Mrs. Margaret P. Miller
Two gates were constructed thru the
right of-way fences opening upon the
private roadway.
| These gates, 1t is alleged, were neg
| ligentiy left open, permitting access
o the tracks, and Sept. 20, the de-
] fend;tnt, driving II herd OF cattle 10
larket, found 1t impossible to keep
! ave head from, turning into one Of
the gateways and running on the
| track.
A passing train killed the five ami
mails. An appraisal of the animals
! rcsulted in Il valuation OF 1910 being
! placed, according to Mead's petition.
Doesn't Want Oil Stock.
Bailey Bros, of this city. are made
defendants in suit filed by Karl
Schultz, of Chicago. who asks judg-
ment for $1,000, Schultz and the de-
PENDANTS were engaged as co-partners
in the business of farming In Mar
shall county prior to Feb. IS. On that
date the partnership was dissolved by
mutual consent, the defendants pur-
| chasing the interests in the farm of
the plaintiff, agreeing, to pay him
$4,000.
Schultz declares he received notes
| for $4,000 and was induced to accept
certificates for ten shares Of stock in
the Mid Seven Oil and Gas Associa-
ton, Ltd. of par value of $500 a
share. 1t was understood, however,
so he alleges, that the defendants
would accept the certificates back in
/ six months time should he not care
| to keep them, giving him the par
/ value. At the expiration of the six
| months, he declares, he notified the
defendants he did not want the GER
! tificates and now, that the defendants
| have not accepted the certificates, he
asks payment Of $1,000 for their re-
| turn.
go Husband Sues for Divorce.
Harry Perkins, Of this city, is
plaintiff in divorce suit filed We'd
nesday against Mrs. Stella Perkins.
| He asks that both parties be given
permission to remarry within year
and he have the custody Of minor
! child, Gertrude Perkins, aged 1 year.
/ Mr.. and Mrs. Perkins were married in
this city Feb. 10, 1919.