Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1922-12-28
FRANK CASE ON TRIAL
Judge Berry, Of Mandan, Presiding
Jury That Served in November
Is Back on Job.

Suuge DEITY, On M9ndan, ffeSl0lng.
Jury That Served in November
Is Back on Job.
The $4,000 personal injury suit of
VIM. H. Frank vs. the Emmons
County Light & Power Co. was start
ed here in district court yesterday
forenoon, with Judge Berry, Of Man
dan, presiding. The jury which
served at the November term is pres
ent, Judge Berry having issued an or
der recalling them after Judge Allen
had dismissed them. Judge Berry's
order was backed by an order Of the
supreme court.
The so-called Frank case resulted
from an injury which the plaintiff
received while in the employ Of the
local light company. Mr.. Frank was
rewriting the town, and was working
on one Of the poles just south Of the
W. E. Petrie store when the full
charge Of plant went through his body
when he came in contact with a wire
which was not insulated. His body
was drawn down against the wire, and
there he hung for several minutes
until a phone call to the engineer at
the plant caused the power to be
turned off. Frank then fell to the
ground, where he was quickly given
assistance and carried to the Wolver-
ton hospital. For a time it was
thought that he would not recover.
The plaintiff will attempt to secure
damages by claiming the light COM
pany responsible for the damage done
him because Of the fact that the COM
pany was not carrying state compen-
isation insurance as required by law.
The defense will seek to prove that
Frank was in complete charge, that
he had been warned to be cautious,
and that he had not believed that the
company should pay the premiums for
state insurance. ),
E. The case comes up for trial at this
time instead Of at the time the other
cases were tried as the result of
jockeying for position by the contend
ing parties. At the time Judge Al
len was here, F. ]. :Pietz, for the
defendants, filed an affidavit of preju-
dice which it was expected would put
the case over the term. jacobson &
Murray, of Mott, representing the
plaintiff, appealed to Judge. Berry,
who had been selected by the supreme
court to take the place Of Judge AL
len, to prevent a delay Of the trial.
Judge Berry then ordered the recon-
vening Of the jury, and the supreme
court issued an order sustaining his
action.
The jury was ordered to report yes
terday morning at o'clock. How
ever, at that time the Judge had not
put in an appearance, and it was
nearly noon before work got under
way. A temporary panel had been
called when the noon whistle blew.
After dinner the examinations Of
prospective jurymen began, and seven
Of the first twelve were quickly re-
leased, one for bias, and six by the
use Of peremptories by the two sides.
About three o'clock this afternoon a
jury was finally secured, after most Of
the available peremptories were used.
The jury which is trying the case is
as follows: Hans Hanson, Kintyre;
Lorie Dornbush, Pollock; L. H. Har-
wood. Temvik; Roy Bales, Pollock;
Peter v. Wolf, strasburg; Fred Droog,
strasburg; Bert Skinner, Hazelton;
u. P. Hem, Strasburg; Warren
Ryckman, Westfeld; Frank Baum
gsrtner, Linton; "a. J. Fischer,
Hague; Frank Lawler, Temvik. Both
the women jurymen on the panel
excused, Mrs. Streeter for bias, and
Miss Grunefelder by peremptory chal-
:lenge.
It is probable that the trial Of the
case will take . couple Of days. All
.jury1nen not on trial Of the case were
permanently, excused, Is Judge Berry
win try only this one jury case.
Judge Berry is one Of the threesjudges
Of the district lying west Of the river
from .Mandah to Beach.
TO DELINQUENT SUBSCRIBERS
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