| Show GAS CA8E ON TH = Driver Against the Salt Lake and Ogden Company I ALLEGES PIPES LEAKED CAUSING GREAT WASTE OP THE NATURAL GAS The Edwards Grand Larceny Case Still Drags Along Bacon Objects t the Supplemental Beport of Receivers Knox and Jacobs Miscellaneous Mis-cellaneous Court Cullings The trial of the case of Hi L Driver ct al vs the Salt Lake Ogden Gas I Electric Light company was begun before Judge Cherry and a jury yesterday yes-terday with Messrs Baskin Hoge and Henderson representing the plaintiff and lessrs George Sutherland Le Grand Young and O W Moyle appear ing for the defendant company The following jurors were empan eled to try the cause Jacob Olsen Joseph Jo-seph Marion Daniel Dunne George Walton T F Thomas jr D 1 Burt Samuel Dawes and L N Smith I was alleged in the complaint that on Nov 5 1S95 the defendant company was indebted to the pltintiffs in the sum of 20252G balance of an account of 370931 for 21196023 cubic feet of natural iras sold and delivered to the defendant from the plaintiffs gas wells in Davis county For a second cause of action It was alleged that on Nov 6 1895 the plaintiffs plain-tiffs and the defendant entered into a contract whereby the former was tp supply natural gas to the latter and that between Nov 4 1S95 and Nov 1 1896 the plaintiffs delivered to the defendant de-fendant at the gas well and into the main iiipe line of the defendant 78 507093 cubic feet of g and that the K defendant in violation of the contract failed and nejlected to keep its pipelines S pipe-lines tight si they would not leak but on the contrary permitted the pipes to become and remain out of repair re-pair and loose at the joints and connections con-nections arid at other places so that f a large quantity of the gas delivered by the plaintiffs to the defendant to wit 53831093 cubic feet escaped from the pipes and was lost and the defendant defend-ant refuses to account to the plaintiff plain-tiff for any part of the gas so wasted to the plaintiffs damage in the sum of 942044 In pursuance of the contract it is alleged It was agreed by the parties that the gas delivered by the plaintiffs lie at 50 was to sold to consumers cents rU thousand cubic ur I Plaintiffs therefore pray for judgment judg-ment for 51204370 on the two causes of action and for 5262526 interest DEFENDANT ANSWERS In answer to the first cause of action tion the defendant alleged that it ha paid for all the ga it received andS and-S that the plaintiffs accepted the money in full payment of the same Answering the second cause of action tion the defendant alleged that its pipelines pipe-lines were In good repair and kept so and that no unnecessary loss of gas occurred and that supplemental agreement meet was entered into whereby the defendant was to use reasonable diligence genc In keeping the pipes in good repair re-pair and that 20 per cent wa a reasonable rea-sonable and necessary loss and further fur-ther that the plaintiffs agreed to fur i ish ga for experimental purposes free of charge for the mutual benefit of the plaintiffs and defendant I I I is then alleged that the plaintiffs furnished no more than 24735000 cubic I feet of ga on the contract Wherefore the defendant prays to be dismissed I The taking of testimony was commenced com-menced at 3 oclock in the afternoon and was proceeding at the hour of adjournment I journment S Two other suits of a similar nature are pending and the judgment in the present one will probably decide the fate of the other two The Edwards Cnse The trial of Charlotte E Edwards for the grand larceny of a quantity of silverware lace curtains rugs and so forth was resumed yesterday morn ing in Judge Norrells court I dragged along slowly and tediously all day and General Taylor made a gallant gal-lant fight on behalf of his client Mrs Edwards The prosecution rested early in the S afternoon and the defense was proceeding proceed-ing when court adjourned As far a S could h gathered General Taylors that it was a case line of defense was I wa ca of mistaken identity both a to Mrs Edwards and the goods in question Object t Knox and acobs Report Messrs Moyle Zane Costigan on behalf of James H Bacon yesterday filed objections to the supplemental report re-port of Messrs Knox and Jacobs receivers re-ceivers of the Bank of Salt Lake and the First Bank of Mercur The report is objected to on the ground that the accounting is insufficient dent the report failing to show n3C cent disallowed by the supreme court for attorneys fees I is also claimed that the repcrt shows attorneys fees of 3000 when in reality the amount was I 4300 that 3075 claim of the Star Printing company HOt supreme court expenses and 300 attorneys fees on appeal to the supreme court a Illegal I S charges against the estate I is also alleged that the report shows 1300 less money on hand than there actually is Mr Bacon asks that the account be not approved and that the receivers be S compelled to account for 3300 on hand instead of 2CK0 Miscellaneous Cullings Judgment by consent was yesterday entered In Judge Cherrys court for the plaintiff for 113SSS7 in the forclosure suit of the Utah Commercial and Savings Sav-ings bank against O H Hardy Caroline F Walker V5 Frank Hoff man dismissed on stipulation Gustav Kroeger is suing David Wood manse alleging that on Sept 14 1S97 the plaintiff recovered judgment against David Woodmansee and John H Goodfellow for 7185 Execution was issued but no property was found I is then alleged that David Woodman see transferred to Sarah Jane Wood mansee without consideration certain real estate Plaintiff prays that the conveyance be set aside and the premises S prem-ises sold and the proceeds applied in satisfaction of the plaintiffs judgment judg-ment The Elizabeth Consolidated Gold and Silver Mining company has entered suitS suit-S in the Third district court against John S H Bone praying that it may be allowed allow-ed to redeem certain mining claims I fold under Judgment and execution issued It I is-sued from Justice Sommers court for S27220 I David Downen has entered suit for divorce from finna J Downen alleging that the marriage took place at Denver I Den-ver on Dec 30 1876 and that 20 years later the defendant deserted him and still remains away The plaintiff asks decree of divorce I for a decr and the custody of their minor son Lee aged S years A petiton for letters of administration I b tion for the estate of the late Petrea I J Bircumshaw was yesterday filed in the I probate court by Koudolph Knudsen S The estate consists of 118220 and the heirs the next of kn reside in Copenhagen Copen-hagen Denmark SIn S-In the supreme court yesterday the case of Mary E Brown vs Charles B J I Markland appellant was argued and submitted and the case of Eva Campbell I Camp-bell adminlstratix vs the Rio Grande Western Railway company dppellant j was submitted on briefs < b M > i > L t |
