Show I i REVERSE NICHOLS CASE Admission of Hypothetical Question Was Error NEW TRIAL IS ORDERED Plaintiff Got Judgment of 5500 Against Railroad r Ctso to Bo Appealed on Ground That 1 Question Did Not Contain All Material Facts in Matter The case of Nancy J Nichols vs the Oregon Short Line Railroad company was yesterday revcrced and remanded to the lower court with directions to grant a new trial The ground of reversible re-versible error Is found In testimony admitted Into the record over defendants I defend-ants objection and which the railroad I company which appealed claimed to constitute a prejudicial error During I the trial Dr JI A Anderson a witness for Mra Nichols was asked a hypothetical I hypo-thetical question which was objected to by the defendants counsel as not containing nil the material facts relating i re-lating to the matter Inquired about The objection was overruled and the witness permitted to answer In this the Supreme court considers that the trial court erred and remarks that the purpose ot all Judicial Investigation beIng the ascertainment of truth such purpose In wholly frustrated If a party Is permitted to exclude from a hypothetical hypo-thetical question material undisputed facts The opinion Is written by District 1 Judge Rolapp and concurred In by Supreme Su-preme Justices Baskin and Bartch The suit was commenced on October f 12 1900 by Mrs Nichols who asked for a verdict against the Short Line for I J23WO for damages sustained by her I In 1 railroad collison between McCam mon and Bancroft on May 1st of that year She claimed to be permanently disabled both physically and mentally She refused treatment from the com panys physicians Drs Pinkerton and Robertson at St Marks hospital and went to Dr Andersons private hospital hos-pital where she was operated on by Drs Anderson Glesy and Lewlo and claims to have been benefited thereby On November 7 1001 the Jury found a verdict for Mrs Nichols of J5GOO Judge Morse was the trial Judge On January 23 1902 a motion for a new trial waa overruled and the railroad company appealed the case to Supreme court 1 1 Court Notes Caroline R Larson IB suing the North American Savings Loan and Building company of St Paul Minn and Edward Ed-ward B Graves receiver to quiet title to 10x2 rods In lot 8 block 33 plat Bf Salt Lake City The Pioneer Nurseries company yesterday yes-terday began an action against the Highland Boy Mining company for 15501C 1 for damages alleged to have been caused to the plalnllffn trees and shrubs by the smelter smoke Martha Hunt Cowan Is l suing Alexander Alex-ander Cowan Jr for divorce on the 1 ground of nonsupport She asks for the restoration of her maiden name Martha Hunt the custody of her minor child and 5150 permanent alimony The marriage was In this city on February 21et last A R Barnes yesterday commenced suit against the Union Pacific Coal company to recover SuOOO for the death of Victor Johnson In the companY s coal mine at Cumberland Wyo Barnes I t was appointed administrator of John j eons estate It Is claimed that on March 19 1901 Johnson was employed L OB a digger In the companys mine when he was killed by a runaway coal car |