Abilene weekly reflector., 1922-09-28
COUNTY WINS ITS SUIT
James b. ffoninger Gets No DAM
agcs For Bridge Accident

ages For Bridge Accident
The suit Off. James b. Hollinge
against Dickinson county for $500
was dismissed by the court after
demurrer to the plaintiffs petition
had been sustained. Hollinger suf
M fered the damges, In the loss Of
n tractor and threshing machine whel
the Chapman bridge went out unde
the weight of the tractor in May
1920. The suit for damage was no
filed until June, 1922. County At
torney S. s. Smith filed a demurre
to the petition on the grounds tina
the action should have been brough
within two years of the date Of thu
accident. The attorneys for th'
plaintiff contended that they wer'
allowed three years In which to flt
suit but the defendants demurrer
was sustained.
The afternoon session was occu
pied with the case Of e. J. Sheriff VS.
Albert Kandt, in which the plaintin
claims damages as the result Of per-
sOnal injuries and damage to his cal
in an automobile collision with Mr.
Kandt's machine.
The plaintiffs were granted de-
cree for divorce in the cases Of Pat
rick Hughes VS.. Amanda Hughes
and George Sauer VS.. Ida Sauer.
The case of Karl Riddle against
the city Of Solomon for $76O was
dismissed. Mr.. Riddle, formerly
county engineer in Dickinson, claim
ed the amount for constructing a
we'll at Solomon but the city refused
to pay, contending that the work
v,was not satisfactory.
The civics class Of Enterprise high
Z school spent the afternoon at the
court house.
Following the decision Of Judge
C. M. Clark Wednesday that the
military court had no jurisdiction
over Ernest Scrivener of Herington,
8. 8. Smith, county attorney, fled
information in the district court,
charging Scrivener with assault and
battery. He pleaded guilty and was
sentenced to so days in the county
jail and costs.
Scrivener's conviction on the same
charge by court martial in Herington
was considered illegal because he
was a private citizen and his offense
violated no article Of war.
The jury went ont in the morn
ing to deliberate on the case of E.
J. Sheriff vs.. Albert Kandt, in which
the plaintiff is suing for damages
sustained in an automobile collision
which occurred this side Of the Geary
county line. Mr.. Sheriff is resi-
den Of Junction City.
Versa e. SchoonOver was given al
decree for divorce from Henry M.
Schoonover and granted custody of
the children. 4
The case Of L. A. Sinclair VS.. J. e. /
Bishop for recovery Of money was on
trial during the afternoon.
Judge G. M. Clark adjourned dis
trict court Friday evening, to recon-.
yene Monday morning at 8 o'clock.
Monday and Tuesday court cases |
will be heard and Wednesday jury |
will be used.
The jury In the case of e. ]. Sher :
iff of Junction City against Albert
Kandt TO $4,000 damages, the out
growth of an automobile collision,
was still deliberating at o'clock
this afternoon. The jury went out
at 1890 Friday morning. Sheriff in
his petition asks damages from
Kandt for for his car and personal
injuries, charging that Kandt was
driving at excessive speed and was
guilty Of negligence. Kandt in his
cross petition makes similar charges
against Sheriff and asks $4,000 dam
ages, for injury to his car and to
himself. The testimony of various
witnesses during the trial fixed the
weight of Kandt's car at $3.50 lbs.
and that Of Sheriff's car at 1,7OO.
Sheriff testified that he was driving
uphill at a moderate speed and that
Kandt was driving fast downhill,
striking him head-on. Testimony of
)ther witnesses however, was to the
effect that the Sheriff car was not
knocked back down hill more than
l8 inches by the impact, from where
t stood when the other car struck
It. There are other angles to the
.ase which make it difficult one to
lecide. {
In the case of Sinclair VS.. Bishop
/ demurrer by the defendant to the s
violence of the plaintiff was sustain
d by the court and the case was G
dismissed.
The jury disagreed and was dis !
missed in the case of e. j. Sheriff s
s. Albert Kandt for $6,SOO dam I
ges, the result of an automobile col c
iSiOn.
Court reeonyened in the after t
loon and the divorce case of VIM i
'hellhaas VS.. Grace Shellhaas was
n trial
Monday afternoon was taken up g
With the hearing of two divorce :
ases. The first was of more than q
sual interest, the case of VIM.
shellhaas against Grace Shellhaas.
nd attracted mny curious to the =
ourt room. Mrs. Shellhaas con Is