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Show ; BllTCIREDJ lilt The Shocking Death of in Infant Revived in Decition by Judge Anderson and Eii Sapient Associates. EAILWAY EECEIVE8 TWO BL0W8. A Colebratod Will Case Comes up on Appeal-The Eights of the Testator in Idaho Argued at Length. The minute hand was moving on tow-ards tow-ards 11 o'clock this morning when the labors of the territorial supreme court were resumed with a full ludicial panel consisting of Chief Justice Zaue and associates Anderson, .Miner and ISlackburn. Justice Anderson showed the elTVcts nf his recent indisposition in an intellectual intel-lectual pallor but carried his statuesque figure with the same ercctnessai when, before advice of .Kseulapius, he retired to his room. Ha proceeded to hand down a decision in the case of William K. Hyde vs. The Union Pacific railway, in which the judgment of the lower court is affirmed. This was an action by plaiutilf to recover damages for tho killing of au infant noti, whoso death is alleged to have been caused by the negligence of the defendant. Tho plaintili lived at Honey villo. a small village on tho lino of tho railway, and was in the employ of defendant as a section hand at th-i time of the accident, acci-dent, his dwelling situated about a quarter mile from tho railway. Tho day of the accident plaintili was absent from homo n was also tiie mother of tho child. Tho child wandered onto the track when a work train made i:s approach and the engineer en-gineer and lireman discovering its pi es enco in the pathway when it was too late to stop and the result was tho klll-iug klll-iug of the luckless little one. Suit was filed and the jury rendered a verdict in the sum of ijoiii), which is a Mr mod, Chief Justico Zano and . Associates Llarkburn and .Miner concurring. In tho case of Albert T. Webb, administrator ad-ministrator of tho estate of Louis T. Webb against the Denver & ltio Graude Kailway company, the judgment of the lower court being affirmed. Justice Anderson An-derson rendering the opinion aud Justices Jus-tices Miner and lilnckburn concurring. The action was brought to recover damages for tho death of plaintiff's decedent, de-cedent, Louis T. Webb. It was before the court on a former appeal and was reversed and another trial had in the district cfturt iu which the plaintili recovered re-covered judgment in the sum of $-l!J'J5. Decedent was a car inspector arid repairer iu the yards of this city. An east-bound train in switching pulled out tho bead of a refrigr-rator car and tho train separated. sep-arated. The forward section was backed up and broke the brake beam of the car ahead. The attention of Kice, the car inspector, was called to the damages, lie called in the assistance assist-ance of Webb and while a coupling was being made the car was hurled back upon Webb, killing him instantly. Deceased was 2.'J years of age and was being compensated at the rate of $1.75 a day. Iu the case of theCorinne Mill, Canal and Stock company v. William Johnson, John-son, Judge Anderson delivered a very elaborate opinion allirmiug tho judg-, judg-, incut of the lower court and in which Chief Justice ':tne and Associates lilackburn and Miner concurred. The action was brought to recover possession posses-sion of section f, township 11 north, of range 'A west; sections 17, 10, 21 and 211, in township twelve, the west half of section I'll, and the southwest quarter of section fifteen, in township 1-', Salt Lake meridian. The plaintili sued for damages in the um of S"i000 and for $10(10 rents and profits. The case was tried before a jury, who rendered a verdict in favor of defendant, defend-ant, whereupon au appeal was taken to the supreme court. The call was then proceeded with and the case of Dwight Peck et al vs. Cecilia Keese, appellant, was taken up. Tho action is one that involves the validity of a will made by Henry 1'bck, deceased, who bequeathed his property prop-erty to his children, the saiua residing in Cache county, Utah. Plaintiffs contest that the will was invalid under the laws of Idaho, which provide that "no estate, real or personal, shall be bequeathed or devised de-vised to any charitable or benevolent society or corporation, or to any person in trust for charitable uses, except the same be done by will duly executed at least thirty davs before the death of tho testator."' Thu will was executed ton days before be-fore the death of Peck, it devised certain cer-tain funds for Teniplo work, and on this the plaintiffs ask that the will be set aside. It is understood that the property involved is very valuable, and tho contest has been a bitter one from its inception. Judge Miller of Ogden appeared for the appellant, and Judge Smith fur the respondent. |