Show DAMAGE CASES DECIDED two judgments for plaintiffs are reversed BOTH SUITS BY COAL MINERS negligence ot of ca a man who sat down to S smoke me ke under an overhanging wall of coal costs coats him his case spinal cord testimony in uie the district court causes amusement rio grando grande western wins uie the thompson damage case report of 0 receiver iveT of Perin pennsylvania sylvania smelter william alain Fol booler viler a miner formerly in the employ of the PIca sant yally acal compi company any was waa made poorer yesterday by an opinion AN which aich AN vaa as handed down domn lit in the supreme court the opinion le ie versea verses tho judgment of 0 tile the trial rial court in favor of fowler for and orders ordera the eltiy ot of a judgment Judem ot of nonsuit agal against list hint on oil NO koi ember 26 ISN ISM fowler ter was ulas injured by a cac in it at the companas comp anys ro mines ines and in march 1895 he be filed bled it a damage suit against tile the company alleging alleg lne that the injuries it i ched were mere the result ot of ill the negligence in not inning haling the chamber lit in AN which aich the c cave ave in occurred property properly timbered limbered the company denied that fowler was lit in its employ fand end pleaded that bli 1214 injury was the result of his h own caun negligence in tailing failing to pio properly perly tit timber laber thu the mine it appeared front from tile the testimony that rom fowler ter was un on experienced miner that ho he was waa paid by the ton and that lc it was fas his hia duty to keep the mine timbered millie at work mork it also appeared he be had bald been apprehensive of a cave in before it occurred at the conclusion of the testimony in the lower court tho the defense moved for at a iton nonsuit sult upon the choming show ing made but tho tha motion was overruled and a verdict was mas subsequently retaliated in favor of 0 fowler tor for sa justice miner who mho wrote the orin lon on holds that bom fowler ter m was as clearly ly guilty of negligence e lit ill sitting domn to amok shoki as test testified fied to by him under an overhanging wall of coal which milich ho be feared night might fall al any lime and it 1 it 14 4 also pointed out that at tile the alnio tile of at the accident fowler was mas not at work mark and could have avoided the dauger danger instead ot of voluntarily assuming assum lm the risk ilok imposed by ills action in harmony harmany with mith this view and the other father circumstances uc of the casc cabe the judgment of the lower levier court la is ic Ne rated with directions direction to grant a an rk order at 0 lion nonsuit sult in vanor faor of 0 tile the daford ants justice and judge mc blo CAI baity I 1 y concur ark an opinion N was as also handed dom down n reversing the judgment below in tile the case came of 0 thomas Sai snow cahalen den arain lit the game barne company snow den MAS has injured in a tave cave ln in which accursed tit in the comp companas anys yB mine on april ID 16 1891 and lie he demanded judgment for 2500 vi upon the glouid that tile the neli genco ca of f the company lit in not having its mine properly timbered limbered caused lil lilt 4 injuries the company set of out that the injury aas as tho the result of an all unavoidable ac ident and pleaded that thol vegI genae if 1 any mas that of ct snowden a and id hl alb fellow mor workmen kmon in failing to timber the th mine as it should hie hale booti been timbered the verdict below belem ma aa in favor ot at snowden for or buoo and tho the company appealed the revert olit in this caso ly Is tho the result of tile tho admission by the mal court of 0 a large amount of on art hc be halt ot of Sn oldon respecting former acel dents in the mine front from bifilar museh and EL a new trial rial id 19 granted As ift in the former case the opinion I 1 13 s W itten by justive justice miner hilner and justice bartch and judge mccarty cCarty Al concur SPINAL CORD EVIDENCE lawyers spar for or advantage in ex Es twining tm ining a doctor judge lilies and IL a jury took up tip lit tho camago la iniga alt yesterday ul of william wilbam A brown bromil against salt biake elty brown it complains that on apt abill if IS 13 I 1 lial mallo hile driving amt an ail it tallied by tho the at 0 tile gravity belief near tho the salt lao will and Comp companas anys building in nolah salt lake his team and himmele were ft ere precipitated down domn the embankment and ha was aa in juiel la Is charged on oil the part of tho ilia city in not having the embankment ban bian kment fenced as aa it Is at present tho the city denies deities the negligence and other material ciali elal allegations powers Li lippman appear cappe cr for fop tho the plaintiff plaint lir tind and cl city ty attorney hall and daila B hempstead for the defendant dere mUnt during tho the examination of dd beer it a for the defense J judge an ige pollan powers and david B am amused used the july by propounding a number of technical questions to tho the ph physician judge rowers der laing to show that hat broens iahlo had been injured 1 and I it mr Homp hempstead eLead endeavor endea voi log to brov rove to lo the contrary on cross examination judge powers asked the spins I 1 Is a very sensitive portion of the body yet replied the doctor the spinal column contains the S spinal cord which it til a prolongation or of the brain and dom that spinal cord there run out the lie different nerves ahll extend through the body yes yea and it Is liard hard immediately after uri an accident to determine whether an in july over the spinal column or near it would be b or would not be permanent that true yes that would depend largely upon future developments the injury be such as to catalyze tile the man imme diat tely and that flint of 0 would be yes while there might inight be all injury inbur y to the iho spinal column or spinal cord through cone concussion or through some displacement chalon that would not be developed irn mediately after ader the injury Is that true yes sir mr the left shoulder blade however la Is not the spinal column I 1 take it doctor dr heer no air judge as ap I 1 understand you ibbie was aaa a cantu contusion alon or wot wound nd lit in tile the lumbar lumb ir region unit and over the lumbar eite braer brae ur dr lipi foriyes Hori r yes and the lumbar vertebrae JS Is part of 0 llo h spinal col column yea through alch the cord 1 allx YIN yes mr mar Hemp Hompa Bleid stead tills this bruise bruin was as on n tile left hide of 0 tile hie mini body it dr berrera beer Berr Tra sir I 1 and the bl inal column la in in the center tolof ait oit it ly yr vs W 1 ill juddi power but the bruise was or oner the lumbar vertebrae 1 or ir roer boer ye judi Pw eras th that I 1 H all ki 1 I phat all a I 1 B m n lui culp t hiles it ni mil ahing lill broad brnad ll Is as an ili il lit hi i left th ih an A till thi houi ot of adJoua timp I 1 i the th leg te was lots all in aiki tit ib us hod had been partly aar trued it will nill be concluded this warning VERDICT FOR TITE TIIE COMPANY IT P thompson falls to get damages for the death of hia wits wife the jury in the damage suit of niels P thompson agal tusi the he itlo bio orande western dilall ay company returned into judge li liess court yesterday morning with a in ili favor of tho the def defendant want thompson Thom pron filled to recover for tile the death of 0 ills his wife wl who vivo was killed by a rio orande grande western train at murray RECEIVER Bs REPORT business of tho the pennsylvania smelter for Sait rii nuary uary r I 1 11 officer receiver of at the pennsylvania Sm smelling elting com compardy party filed his depoi t loc for th the month of january to ID the third district court yesterday the buin summary mary isas Is as follows cla oo on hind hand january lot lift I 1 WH ti cati casta receipts receipt for month oia total alws 1141 11 Tl 41 WS IOA balance on I 1 I 1 the nutter matter aoa to deputy clerk cicak alair to audit and report upon in connection with milli all previous reports mrs emma F r bullocks will tile file mill III of emma racca F mckeg bu bullock liars c mas ia filed tor for probate yesterday yett erday this estate of five shares of state bank of utah stock and household furniture of the aggregate slue alue of end and certain real estate late the value of which Is not given tho the leal estate Is bequeathed tu to james bulli husid of tho the deceased fur for life except in the extent that ho he tray iray become disabled disable 1 t to 0 ast fluch I 1 c it an extent that he Is unable to support himself under that condition he Is 1 emp otred to either aall ell or I 1 guase ease a portion of it the ier pert nonal ional plo property pertY also goes boea to the husband samuel A woolley la Is aimed as executor alad he I 1 alit he be the jude as to m whether hether or not I 1 any ally part of the real pio ino porty perty shall be sold or teased leased under the conditions named at tho the death of the iho husband the remainder of tho the real estate goes to the iho maimon church mrs edwards Etl warda arraigned charlotte Charlot tei 1 II 11 edwards was arr before judge norrell on oil an fun an ended information which lit in addition to grand larceny her alth receiving abolen property properly tho the pr 0 le cution cullun mill attempt to show that the pi property ope arty ir ana its received rec elvel elved filin B P r W walker al the ex who Is in a IV a biting hla his second trial on a charge of b burglary u mrs Ealm edwarda ards entered it plea of not guilty sull ty before the ar jolin john lax iu toiler talor argued 8 a motion to set aside thi the amended information was waa denied divorce granted Oi Anted william A Matt matthews hems was granted ra a d debiec cice of dha clorce varce fruin from iaia E matthew matthem a by judge lilies y yesterday t I 1 1 a y on ili the ground of deMert lon I 1 the T 11 maitia Z 1 iese were 1111 ai married ina in salt francisco lit in 1197 and the testimony that mrs mr mut tile al deserted her husband in janu day 1811 james Kend sills estate A petition was mas bled in ili the iho probate divil dl sion of the third district chui coui cobit t yesterday aking tor for tho the appointment of thomas U V jeremy ax as administrator of tho the colato of james Xen kendall dall de teased the estate is valued at the heirs are arc five ir in number her four brothers and sisters andily and one e nephew suit it in the clacia cai of the national R bank ank of the republic against AG dast bast et ct al a decree of vis mis entered in ili favor of hie lie plaintiff by judge lilies tor for 3 9 with W ta attorn tor cye neya fee court notes 1 li C has filed an action against jesse AV fox jr et aft al to collect 1600 on oil a note secured by a mortgage judge cherry lias has no far recovered recover oki from his recent that ile hc mal ninda I 1 a a bilet alt isalt to tile the joint building ica ic lie ile all sill hear tho the mandamus mani lamus cas case L or of ch chief let pratt city auditor S swan ail on al next licit I 1 the upon the motion to dis dissolve a olva the attachments against geo id scott A co will be heard by judat D attles tomorrow providing the condition of judge Ch chernys cherrys Cher rys civil cicle calendar ridal which he lit la now flow vacating will admit |