Jasper County Democrat, Volume 6, Number 27, Rensselaer, Jasper County, 10 October 1903 — JUDGMENT FOR $2,500. [ARTICLE]
JUDGMENT FOR $2,500.
Read Damage Case Anainst PanHandle Railroad Decided In Plalntlffs’s Favor. The SIO,OOO damage case of Wm. J. Reed administrator of the estate of John Reed, Sr., who was killed by the cars at Remington last winter, occupied the attention of the circuit court Tuesday and Wednesday forenoon, Messrs. Jodn Talbot, an eloquent young attorney from South Bend, and Jesse E. Wilson of Rensselaer appeared for the plaintiff, while the railroad’s attorney, Mr. Ross of Logansport, and Foltz, Spitler & Kurrie of this city appeared for the defendant. Mr. Reed, it will be remembered, was killed by being struck by a freight car on defendants railroad at the Ohio street crossing in Remington. The plaintiff claimed that the old gentleman got his foot caught in between the the rail and planks of the crossing, by reason of the planking being in a defective condition, and that before he could release his foot a car that was being “kicked” over the crossing in switching, struck him and killed him. Action was brought by the administrator for SIO,OOO damages. The jury was only out with the case a little more than an hour, rendering a verdict for $2,500. Following the usual custom of railroad corporations it is supposed the case will be appealed to supreme court.
In the Kreibaum land case it was decided that the widow’s third interest had not lapsed by limitation, and she was entitled to judgment for the amount after deducting for improvements, etc. The amount will probably be in the neighborhood of SI,OOO. The case will probably be settled without further litigation, we are informed. Ernest Brand vs. Alfred Randle; judgment for plaintiff $69.30. Morris Glass vs. 3-1 railroad company; defendant asks for change of venue and case is sent to Newton county.
John Deane vs. Alfred C. Robinson; court was disqualified to sit in the case and J, W, Oswald of Goodland,,was appointed special judge; on motion of defendant the court dismisses the case at plaintiff’s cost for want of jurisdiction. Plaintiff prays an appeal to the appellate court, which is granted. Geiser Mfg. Co., vs. James Lister et al; judgment for defendants Reed and Short, for $145. The'Joseph A. Engle vs. Elizabeth C. Johnson et al case has been appealed to the appellate court. ■ Jasper Co. Lumber Co., vs. Henry W. Milner; judgment for plaintiff, $214.73. In the library tax case, J. W. Talbot of South Bend was appointed special judge, who, after hearing argument, took the case under advisement and will return a vetdict to-day. Ida May Heafer vs. William Andersch et al. foreclosure and judgment for $780.19, and Joseph P. Hammond appointed receiver. Lena Ritter vs. Bertha Schultz, and Christ Schultz, action for slander; case dismissed without prejudice and costs paid. McCoy vs. Gilmore; action for damages; dismissed and costs paid. Martha J. Griffith, administrator of the estate of Elizabeth Cambe, deceased, vs. Elihue Cam be et al; aotion in partition; appraisement filed showing value or property to be SSOO. Ordered sold at office of Jasper Guy after 10 days notice. Judyetal vs. Peter Roy; appeal by former from justice’s court; jury return verdict against Roy for S4O and costs. Stoner vs. Hix et al; judgment for plaintiff $278.86. Cases continued for term; Emmet L. Hollingsworth vs. Samuel Parker et al; County of Jasper vs. Fleener & Carnahau etal; Charles W. Warren vs. Lottie M. Burns and William W. Burns; A. W. Stevens Co., vs. Baboock & Hopkins; the Spencer will case from Monticello.
The jury was discharged Thursday morning for the term, and today will close the September term of court. The case of Goodwin vs. Bartlett i» being heard by the judge as we go to press.
