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Show In th, Supreme Court. The supreme court yesterday reversed the decision of the lower court in refusing re-fusing to grant a new trial in the damage dam-age suit of A. T. Webb against the 1). & R. (J. W. railroad. Webb is administrator adminis-trator of the estate of Louis T- Webb, a car inspector who was killed by a Uio Grande train while in the discharge of his duties. The jury fuuud in the sum of WiM)5 for plaiutifT The reason given for the reversal is that the court admitted ad-mitted evidence tending to show the mental suffering of relatives as an element ele-ment of damages. The upper court thought mental sufferings of an heir too remoto to constitute such an element. ele-ment. Judge Anderson gave the opiu-lon, opiu-lon, Judges Hlackburu aud Henderson concurring. Judge Henderson handed down another an-other opinion iu the case of Kuth A. Newsou and others against the estate Of George Hendley. The plaintiffs are children of Hendley. born in polygamy. They sued for a "share in t ho' estate, basing their claims under a territorial law which made polygamous children co heirs with those of the tirst ami real wife, when the fact of paternity is established. es-tablished. A congressional provision, however, annulled this territorial law aud it was in deference to this that Judges Henderson and Zaun decreed against Mrs. Newson and her associates in the suit. Judge Blackburn dissented from this view and favored the plaintiffs. plaint-iffs. ' 1 Other matters dealt with were as fol- lows: - - . In re estate of Thomas Cope. Judgment Judg-ment of district court affirmed. Appeal Ap-peal allowed. Bond tixed at $300. Spanish Fork City vs. J. D. Morten-son. Morten-son. Judgment of' district Court affirmed. Jacob Johnson vs. the United States. Judgment of district court is reversed and case remanded. Steel vs. Boley. Judgment of district court affirmed. - The United States vs. Church of Jesus Christ, etc. Order authorizing sale of sheep, tho order to be made hereafter. |
