davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-08-01

ion, it is held, that there is suffi-
cient evidence to support the verdict
of the jury in favor of the plaintiff.
Appeal from the District Court Of
Stark County. North Dakota, Hon. H.
L. Berry, Judge.
Affirmed. Opinion of the Court by
Johnson, j. Bronson, Oh. J. concurs
in the result.
i T. F. Murtha and J. P. Cain, Attor-
neys for Plaintiff and Respondent.
Dickinson. North Dakota.
L. A. Simpson, Attorney for De-
PENDANTS and Appellants, Dickinson,
North Dakota.
FROM McHENRY COUNTY.
Louise Schmidt, by Robert Sch
midi, Guardian, ad Item,
Plaintiff and Respondent.
VS..
E. C.. Stone,
Defendant and Appellant.
SYLLABUS:
l. In malpractice action the
weight of expert testimony, when
there is conflict therein, and the in
fcrences to be drawn therefrom, arc
for the. jury.
2. The rule that expert testimony,
upon technical matters, beyond the
training or experience of lay wit.
nesses, must, when uncontradicted,
be accepted as conclusive by the jury,
held for reasons stated in the opin-
ion, to have no application to the
facts in this case.
3. Answers of a witness, on cross
examination, to questions upon irrel-
evant or immaterial matters, arc con-
elusive against the examiner, and it
Is error to receive, over objection,
evidence for the sole purpose of con-
tradicting such answer.
4. Preliminary questions relating
to the>sufficiency Of the foundation
laid for impeaching questions, are for
the court, and, in the absence of con-
flict in the testimony of witnesses,
brought out during their examination,
as to the essential facts which con-
stitute such foundation, it is error
to submit the question of the COM
potency Of the impeaching testimony
to the jury.
s. In the absence Of evidence to
the contrary, the law presumes the
exercise of reasonable degree Of
care and skill by a physician and
surgeon.
9. The mere fact that an opera
ton Is not successful or that defects
appear after it Is performed, unless
os such nature that negligence must
be assumed from their unexplained
is not evidence of neeli-
gsnee; the physician is not an insur-
er, and the doctrine Of res ipsa loqui.i
tur has no application.
z. When motion for new trial
on the ground Of excessiveness is
not made and the amount Of the YER
dict is in no manner challenged in
the trial court, the defendant can
not Tor the first time, on appeal
raise the question that the verdict
Is too large.
An appeal from the District Court
II. McHenry County; Second Judicial
District, Hon. c. w. Butte. Judge \
REVERSED. Opinion Of the Court
~ johnson. j. Bronson, On. J. Dis
tents. /
4 aeGes 4 Coss. Attorneys Tor Del
Minot. North Dakota. 1,I'
sCanipbefl& Funke, E. r. Sfnkler. n
!. Side, Attorneys for Plaintiff, 4
lltnot, North Dskota.
Round = falcons nest on Great
)rmeA Head, Wales, were discoy-
.red more +. than 1000 pi9eons'
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-08-01
Board of Education
Holds Meeting

Members of the city board of edu-
cation held final meeting with Ar
chitect Gilbert Horton of jamestown
today to discuss plans for the new
high school. The architect has been
making some minor changes in the
plans and drawing up a set of speei-
fications and it is expected that final
approval will be given by the board.
: Immediately following the approval
of plans the board will call for bids,
which, received within a month prob
ably will result in the foundation
and masonry work being we'll under
way before freezing weather sets in.
W. c. Green, Fargo, lieutenant
governor of the Kiwanis club for
North Dakota, was enthusiastically
received by the local Kiwanis club
yesterday at luncheon. He urged the
local club to join the North Dakota
caravan of automobiles to the Wa
stertown, S. D., convention and to be
represented there, August 8, 10.
Miss Anna Jensen who has been
visiting 1t tASxHQuNOf. her sister,
MRS. W. H. FinTs1SlG Monday for
Evanston, ILL.,, where she will take up
the study of photography.
{ -
Mrs. Fred Stabler and children who
s.have been visiting with relatives for
sthe past two weeks left last night
for their home in Oakland, Calf
Miss Jennie Boehm, sister Of Mrs.
Stabler will accompany them and will
visit there for some time.
:
!, Robert Rowley who has been spend
ling the past two months in Edgely, N.
OAK, came to Mandan Monday for a
visit the home Of his father, Dr..
B. D.. Rowley>
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-08-01
A Thought

Finally, brethren Whatsoever things
ARE true, Whatsoever things are hon
est, whatsoever things are just, Whist
soever things are pure, whatsoever
things are lovely, whatsoever things
sare ~ god report; il there be any
virtue. and q there be any praise,
;sthjnf - these things-Phil. 4:s.
|. 70 praise good actions with SINGER
sity niay be said to be taking part in
then. Rochefoucauld.
Barking ~ = dog can be heard
at atheight Of -four miles.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-08-01

DAKOTANS ARE RELEASED.
Minct, N. D., AUD Mrs. Neil
Holzer and s. J.. Buster" Nichols,
both Of Minot, who have been held
in Jail at Shelby, Mont, on
charge of possession of narcotic
drugs, have been dismissed by
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-08-01
man. Curtis him.elf hid n most o,

man. Curtis himself bid in most Of
the machinery.
The mystery well was rumored to
have been a test project of the
Royal Dutch Oil company interests
and as late as two weeks ago had
been reported to be q 500 barrel
per day oil producer by geolo-
gist claiming to be in the employ
of the Dutch-Shell interests. 4
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-08-01

The screws made in watch fac
tories are the smallest in. the
world; 100000 Of them could be
placed in an ordinary thimble. /.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-08-01

Found . falcons nest on Great
Orme'A Head, Wales, were discoy-
erred more 7, tAan 1000 pigeons
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-08-01

Not one person ii SO of the
present population uses hie 81
her brAtn to half its full capacity,
says . famous scientist.
The Birmingham age-herald., 1923-08-17
Memphis Golfer In Western Meet
 SenI-F inGI PLGy

CHICAGO, August 16.-(By Asso- ciated Press) ))-Emercon Carey of Hutchinson, Kans., and A. l.. Monte donico of Memphis, Tenn, will match prowess on the links of the Westmoreland Country club tomor- row in one of the semi final matches of the western junior golf cham pionship, while the other semi-final match will be played by Ira Couch and Bob White of Chicago.
 Carey won his way to Che semi final round by defeating l., F. Locke, of Lake Geneva, this morn Ing, and 4, and then overcoming player, by the wide margin of to T. The Kansas lad drove long ball and putted remarkably well. His Memphis opponent had hard struggle this morning in besttng Vincent Nettler of St. Louis, the match going 19 holes, but he had an easy time this afternoon taking the measure of 4. Sargent of Columbus, Ohio, son of the former national open champion, George Sargent, and 6.
 Bob White of Olympia Fields club, Chicgo, plyed well under 8O tody, both rounds and had little diff ficulty in eliminating w. Childs of Chicago and 4 and Jack Rouse, an tuner (nAChB Odit dlld O. ~SN~f' started well this morning and got a lead of four up on Richard Martin of Chicago, maintaining that adyan- tage to the sixteenth green, where he won, and 2. He kept up this afternoon and defeated Edward Cor nish of Little Rock, Ark, by the comfortable margin of six and five
 The tighest contests took place in the second flight. Harry Walker Chicago public links player, re- quired 20 holes to overcome DIR Fall of Chicago, and then lost to T, J. Schmodlt of Cleveland, O., on the twentieth hole when his opponen sank a 3o-foot putt.
 Schmoldt won this morning s match from J. Llewellyn of Chicago after a grreling match of 10 holes and 1t was only on the second extra hole yesterday that Schmodlt lost out in the play-off tie In the last place in the championship flight.
 Donald Carrick of Toronto, Can ada, survived today's round in the second flight. defeating Gardner Brown of Chicago, and 2, and M R. Joslyn, two up.
 In the third flight Yontz Bennett of Bloomington, H., won his match from two Chicago players and will meet Leonard Martin of New York in the semi-flnals of that flight to- morrow. Martin, who recently set a course record in the meet and slumped in the qualifying round al Westmoreland, came back today and played two fine rounds.
The Birmingham age-herald., 1923-08-17
Great Bat Duel Heiilman VS Ruth On In American

Standing out in front of all the home run sluggers of the major leagues, Babe Ruth is still involved in a breathless fight with his bat as the weapon for Harry Heilmann of the Tigers will not relinquish the general batting leadership to him. Ruth made not a single hit but scored one of the Yankees runs in the game they won Thursday from the Browns in St. Louis. He was twice at bat, in the official sense, and his average for the day was zero.
 Heilmann hit one single in thre times up in the game between the Tigers and Athletics in Detroit. Just how they stand wll require some microscopic work by statisticians.
 Dave Danforth. recently barred again for scrffing the hide of the ball on the pickled or calloused heel of his pitching hand, was restored to duty for his last chance in Thurs days game in St. Louis. He held the Yankees to three hits but the Browns made only five off the de- livery of Herb Pennoscy. The Yans won, to 1.
 George Dauss, who shut out the Athletics, gave only five hits.
 The Indians won from the Red SoX in Cleveland, 12 to 3 and the Senators beat the White Sox in Chi cago. to 2.
 McGraw's Giants, whipped twice on Wednesday, snapped back at, the
The Birmingham age-herald., 1923-08-17
COLLEGE TENNIS
 STARS WIN FROM SEEDED PLAYERS

NEWPORT, R. l., Aug. 16.-One Btartiing upset and another of lesser nature marked the play today in the invitation tennis tournament which carried four doubles teams and four singles players into the semi elimination from the tournament of R. Norris Williams and Watson Washburn, second ranking doubles team in the United States since the separation of the Richards combination. They were over- whelmed in straight sets by James M. Davies and Phil Neer, Pacific coast collegians, 6-3, 6-1, 6-4.
 In the singles, two Californians, one customer and a South African survived, Harvey Snodgrass of the west coast conquered Robert Kinsey Americas sixth ranking player, and earned the right to meet Vincent Richards tomorrow in the semi-final match in the lower half. In the upper half, B. I. c. Norton of South Africa and Howard Kinsey, Cali forplan, won their matches. Norton eliminated Arnold W. Jones of Provi- dence with ease, 6-1, 6-2. so. Kin sey conquered c. J. Griffin of San Francisco, 4-6, 6-4, 6-2, 6-2.
 Snodgrass defeated Robert Kinsey by brilliant display of speed, strok- ing and court covering, 6-1, S-6, Ga. R. N. Williams, on the p pgpt of win ming from Vincent Richards after a grueling five-set struggle under a blazing sun, defaulted He explained afterward that he wished to save himself for doubles competition. The crushing defeat administered to him and Washburn a few hours later was. therefore, all the more sur prising.
The Birmingham age-herald., 1923-08-17
BOXERS TO STAGE
 WORK OUT IN B. A. (. GYM SATURDAY
Advance Seat Sale Heaviest Ever Had For Local Box
 ing Match

Captain Bob Roper and Tom Berry. principals in the feature boxing bout of the Birmingham Athletic clubs prize athletic show Monday night, will arrive in the Magic City some time Friday afternoon or Saturday morning and will work out in the B. A. C. gymnasium at 3 and 1 o'clock both Saturday and Sunday afternoons.
 To prove to the fight fans of the city that everything Is above board and lis what it seems" Matchmaker Dave Evans has invited the ring fol- lowers of Birmingham to come out and see the two heaVies in the gym on these two days. If the prospec- tive customer of Monday nights per- formance then does not like the looks of the headliners in the show or thinks that his money can be invested better at some other enter tainment, then he Is at liberty to in- vest elsewhere. In other words, sam- ples will be parceled out Saturday and Sunday afternoons. and if the samples are not satisfactory then you don't have to witness the main fair proposition.
 That the fight will be the most popular ever held in the Magic City Is little doubted from the advance ticket sale, which is running we'll above any of any previous show, Many out-of-town customers arc mailing in money orders and checks and investing in good seats early.
 Big Boy Edwards and Dummy Bar rington, slated to furnish the thrills in the semi final go, will be on hand Saturday and Sunday afternoons to work with the visiting fighters Pacely and Lacey are both working hard for their 10-round wrestling match, which will be a curtain raiser. Pacely has thrown Lacey in a previous match and Lacey has pinned the Kids" shoulder several times. They are well matched and should put up a good bout.
 The complete card follows;
 "Kid" Pace1y meets Tom Lacey 10 rounds. wrestling.
 Tom Harrison meets Paul McGinty four rounds, boxing.
 Toney Moreno meets Earl Grad dock, four rounds, boxing.
 Big Boy Edwards meets "Dum- my" Harrington, six rounds. boxing
 Captain Bob Roper meets Tom Berry, 10 rounds, boxing.
 The first preliminary starts al S:30 o'clock.
The Birmingham age-herald., 1923-08-17
BRADFORD'S GIRL
 WINS IN CIRCUIT

TOLEDO, O., August 16.-Anna Bradford's Girl won the $2,000 Ameri- can Legion stake for three-year- -ol d pacers, feature event of today's card of grand circuit racing here by talk ing all three heats. The little lilly, which was favorite in the betting, paced the first mile in 2:O5h h. Lula Forbes took second place and Kinney Silk third
 The PIP pace went to Toledo, local mare which took the first and third heats. Gamey the Great pulled up first in the second mile. The best time for the race was 2;05 If.
 Lee Worthy. with White. driving took the steadman stake for z;O9 trotters by winning the last two heats. Czar Worthy took the first heat and finished second, the Great
 Lee Worthy set a new record of 2:O2h in winning the third heat. me me 2:11 trot was forced into the fourth i,tii heat and was won by KentucKy nonre Bran6vwfne took second place and Harvest Lad third.
The Birmingham age-herald., 1923-08-17
CHEAP MOTOR RIDING
 STILL WESTERN GAME
Price Of Gas Continues At Low
 Figure In Chicago

CHICAGO, August 16.-Cheap 9oy riding continued to boom in the ma ale west Thursday, as the price oL gasoline remained at 154 a gallon m Chicago and at or very near that figure in states affected by. the re- cent 6 6 cents reduction of the stan dard oil company of Indiana ~
 An increase to 20 cents a gallon which it had been expected might come generally Thursday, has been postponed for at least AS hours; Dl- rectors of the Standard of Indiana met here and voted unanimously tc maintain present prices in this ols- trict until the situation in South Dakota and other states affected py the big gasoline price war" can be further investigated.
 The directors also voted 10 CO., operate with the South Dakota au- thorities in their thorough cost-flnd- ing inquiry, through which the or ficals of that state hope to determine 2 exactly & fair price for motor Iuel' A telegram was sent to Governor Mc- Master, who originated the war, rendering him "all the information m our possession toward the end of as sisting you in arriving at correct determination of the cost Of dls- tribution."
The Birmingham age-herald., 1923-08-17
KEPNER IS ACQUITTED
Architect Freed On Charge Of Mur'
 dering His Wife

FREDERICK, Md, August 16.-B;; Evard Kepner, local architect and business man, was acquitted today Of the murder of his wife, Grace Simmons Kepner, member of a prominent Frederick family.
 Chief Judge Urner. Judge Worth ington and Judge Peter of the cir cult court heard the case. Tn e judges deliberated an hour ana lo minutes. The verdict seemed to nlease the crowd in the court room, many persons surrounding kepner to offer congratulations.
The Birmingham age-herald., 1923-08-17
lME BRLTLSH PLAYER LEFT M AMERICAN WOES NET IOURME1
FRISCO OFFICIAL HERE

General Manager Of Road Visiting
 Birmingham On Tour Of Inspection
 J. H Hutchinson, general manager of the St. Louis and San Francisco railroad, with headquarters tn Springfield, Mo-, arrived in Birmins- ham Thursday for an inspection visit of the district and to assist in lininB up the company's business for the coming fall, which he predicts will be a record breaker for the ratl- roads.
 Assistant General Manager SisS0ns together with J. H. Caaiborn, super intendent, with headquarters ln Memphis, who were reported on their way to Birmingham, are expected Go join Mir. Hutchinson here.
The Birmingham age-herald., 1923-08-17
East Lake And Sloss
 Deadlocked For Lead

The East Lake and Sloss By-Prod- net, City league teams, battling for the leadership of the eastern dir vision, Were still tied for the lead, with nine won, three lost and one tied Thursday afternoon after play ing an Thinning draw in their thir- teenth game of the season, a post poned game from last Saturday. Neither team scored after the third inning. East Lake came from be- hind to tie in the third. Score: '--''N R. H. E.. 1,ast Talse " 8 8 SIose Bv-Product ..3 4
 (Eleven innings, darkness.)
 Batteries Norwood and Godbee; Ellis and Stein.
The Birmingham age-herald., 1923-08-17
BOB ROPER SIGNS TO MEET GIBBONS
ANNISTON BUREAU l THE AGE-HERALD Annist0n, Ala, Aug. 16 J

Captain Bob Roper, heavy weight boxer, who meets Tom Berry at the Birmingham Ath- letic club Monday night and Bill Bailey at Camp Mcclellan tomorrow night, has announced here that he has signed to meet Tommy Gibbons in the semi-final bout to the Jack Luis Firpo champion ship battle on September 14.
 Roper, who is working his way upwards to a chance at the heavyweight title, has won decisions over some of the best men in the country, including Bob Martin, Harry Greb and Bill Brennan, says the bout with Gibbons will be a step ping stone to something higher.
The Birmingham age-herald., 1923-08-17
Florence Loses Game

FLORENCE. Ala, Aug. 16.-(spe- cial. .)-The Savannah baseball team of Savannah, Tenn, won nara fought game from the Florence team here today by a score of 10 D. The visitors had an effective pitcn9r could do little. The fielding of Shel- tnn featured for the home team
The Birmingham age-herald., 1923-08-17
BLACK BARONS TO
 RETURN TO MAGIC CITY FOR SERIES
Rube Fosters Giants To Play Locals In Three Game
 Series

The Black Barons get into action again at Redwood park Monday against Rube Fosters Chicago American Giants in a three game series. The Black Barons are al pres ent touring the north on the negro national league circuit, but will re- turn to their native bailiwick Mon- day for a trio of games.
 Tho Black Barons have been mak- ing a good record while on their present trip. They have met some of the strongest teams in the negro national league, but their opponents in next weeks series will probably be the toughest that they have struck so far this season.
 Rube Foster is wall known where ever big time baseball is played py negroes and his team is equally well known as a fast, well balanced az gregation that Is hard to check' 1n the series here he will bring along his. squad in good condition and will be in the best shape of the year Tor the series. ,.,
 The Black Barons have not been sleeping while on the trip and nave strengthened considerably. They are nlaving better ball now than when they left the Magic City and VII open up Monday with some or the best baseball of the season. rom present indications.
 The largest crowds of the year ar exnected to witness the series next week. Circus seats will be arranged in front of the bleachers to accom- modate the overflow crowds Whi4e tha white fans observation in the left wing of the grand stand VIII pc enlarged to accommodate Inuon larger number.
The Birmingham age-herald., 1923-08-17
WoodIaWn Wins The Annual Track Meet

The Woodlawn boys team won the team cup in the annual playground track and field meet held Thursday afternoon on Munger Bowl. The Woodlawn team piled up score of 8S11 points against that 561s points of Graymont, their nearest competi- tor. Sam Chestnut of Graymont won the cup for individual high scorer. The Avondale girls team won the team cup for girls with total tf IS points. Woodlawn girls were second with a score of IA points. A protest has been entered against Avondale's victory, however, on account of their running the same girl in two classes
 Although the track was wet and rather slow the meet was a big suc- cess and 24 playgrt tunds, with ap-- proximately 25O entrants competed for honors.
The Birmingham age-herald., 1923-08-17
IoSEs AN EYE

TOwNLEY. Ala, August 16.-(spe- cial. )-WiIliam White, while working with a telephone. wire, had the mls, fortune of sticking 1t in his eye and putting his sight out. He was rushed to Birmingham for treatment accom- panied by Dr. Shears.
 Mrs. T. s. Tendon, son and daugh- ter returned yesterday from a months visit to relatives in Kansas.
The Birmingham age-herald., 1923-08-17

Reds Thursday and beat them, to 1, at the Polo Grounds. The Pirates lost one to the suddenly and strangely aggressive Phillies in Philadelphia, to 5. In the last week or so the Phils have been showing symptoms of life juht D time to avoid premature burial
 Burleigh Grimes pitching for the Dodgers shut out the cardinals in Brooklyn, to o, holding them to four hits. The Cubs beat the Braves in Boston, to 2.
The Birmingham age-herald., 1923-08-17
CHHLl:CHECK.

ssI3sl kiSl sks2as
 NraApE AAAaN aE0- u-s- FAT oE1 Highly recommended for bilious fever, chills and fever and summer colds. Give 1t trial
The Birmingham age-herald., 1923-08-17
STOPS DEMONSTRATIONS
Ohio Mayor Fears Recurrence Of
 steubenviIIe Riots

sTEUBENvILLE. O., August 16.-- Fearing a recurrence of last nights anti-Ku Klux Klan rioting and sub sequent gun battle in which four men were shot, Mayor Frank flaw kins tonight issued an order to po- lice to prevent public demonstrations of any kind.
 Rumors of Klan reprisals tonight were not given much Credence by of ficlals, but nevertheless precautions were taken to meet any emergency.
 Klansmen from Ohio cities arrived here today, but were said to be here aiding in the investigation into the shooting of Darwin L. Gibson, 35, local Klan leader by alleged rioters three of whom were wounded.
The Birmingham age-herald., 1923-08-17

FLORIDA STATE LEAGUE At Bradentown 6, Orlando l. At St. Petersburg 5, Daytona 5. At Tampa 0, Lakeland 10.
The Birmingham age-herald., 1923-08-17
PIEDMONT LEAGUE

PIEDMONT LEAGUE
 At Raleigh s, Greensboro (Io In ~nings). -,,,. O fca11ed At High Point g, DanvllIe end tenth inning, darknessl. Winston Salem 4, Durham (called end tenth, darkness).
The Birmingham age-herald., 1923-08-17

WESTERN ASSOCIATION At Ardmore 4, Enid 6. Joplin [, Okmulgee Z.