Jasper County Democrat, Volume 21, Number 10, Rensselaer, Jasper County, 4 May 1918 — HEAVY DAMAGES AWARDED [ARTICLE]

HEAVY DAMAGES AWARDED

By Washington Court in Grade Crossing Accident. Spokane, Wash. —The minor children of Ferdinand and Minnie Ostheller were awarded $12,000 damages against the Spokane & Inland Railway company for the death of their mother. The verdict, which was the largest returned in any personal injury damage suit for many months, was received by Judge Blake. The verdict for the death of Mrs. Ostheller was taken to mean that the jurors felt both Mr. Ostheller and the train crew were guilty of negligence resulting in the accident. Judge Blake instructed the jury That Mrs. Ostheller was not driving the car at the time of the accident, and that they must award damages because of her death if they found she-exercised due caution in watching for the train when the crossing was approached. The case, which started a week ago, has been attracting much attention. Mr. and Mrs. Ostheller. who resided near Fairfield, were ■ returning home from a trip to a ranch near Flora, when a work train I struck their auto at the Flora crossing.

The railroad company attempted to prove the train stopped within a short distance, in an effort to show it was traveling at a reasonable speed. They attempted to prove the speed of the auto was excessive. Witnesses for the orphaned children estimated the speed of the .train at fifty-five miles. Mr. and Mrs. Ostheller left six children between the ages of four years and eighteen years. They were lined up in the court room during the trial. Attorney V. T. Tustin represented Robert Ostheller as guardian for the children, and Attorney Frank Graves represented the Spokane & Inland railroad.