OCR Text |
Show . ilS UP LONG FIGHT I I HTI kj&i CHECK nitliern Pacific Company Ends Long Legal Battle With W. 0. Johnson, jecial to The Tribune. 'OGDEX, April 2. Attorney W. X. acinnis Tuesday accepted $3500 in ftlpmeiit of a claim made .against, the J mtliern Pacific company by "VV. 0. ihnson, a painter of this city who lost, s left hand in a railroad accident mr Promontory Point in .1900. This terminates one of the most stub-irnly stub-irnly contorted local actions over in-ituted in-ituted in this county. Johnson -was in the employ of thn ilroad company nt the time of the ac-ient ac-ient which caused him the losss of s left; hand, as brakeman. In the irformanco of his duties it became, icessaiy for him to couple a freight y.ir to a dining car which had- been 'fleffc at the station to be returned to Iggden. .Both cars were equipped with Jfautomatic couplers in compliance with 'jDe la"v but they were of different' jAjuanufacturc This being tho case, SJobnson attempted to make tho coup-Sjling coup-Sjling with a king bolt, with the result Aihat his hand was crushed between the aKwo cars. JfcSuit vas begun for $20,000 in the iaclistriel court tho following year. Lat-Mer Lat-Mer it was heard in the federal court iHt Salt Lake City before Judge Mar--shall, who held that the cars Irnng Mcqnipped with automatic couplers, al-'wfthpugh al-'wfthpugh of different pattern, was a com-iWpliaiice com-iWpliaiice with the interstate safety law Surpassed by Congress for the protection 'j.of railroad employees. An appeal wan ithen taken to the United States circuit "tcourt at St. Louis. This court sustained dihtlie findings of Judge Marshall in evcry fgSjrirtioular. Still believing that his cli-ircnt cli-ircnt was entitled to recover damages jfEfiTom the railroad com pan)" for his in-fhiuricp. in-fhiuricp. Mr. Maginnis succeeded in in-filtcrestiug in-filtcrestiug the interstate commerce com-njiuiission. com-njiuiission. and this body carried it before injlthe United Slates supreme court. So--M'fllikitor Gen oral White and Attorney tjy&Inirinins argued tho raso. 'IMif suprc'mc court reversed the do-jyw.sion do-jyw.sion of tho circuit eourt at St. Louis, tkwSijving -I oil usuji to again begin his no-ijMlotL no-ijMlotL All of tho railroads throughout ifffpio country were nagerly watching the ilresiilt of this decision of the. United ftfQtatos supreme conn as many questions Mu which the- relations of master and I"--rvant were to be decided for the first me bv the highest tribunal in the mntry. In 1905 the rase was again brought cfore .Fudge Marshall, but believing ;:it his decision in the case would bo lfavorable. the action was withdrawn id taken to the district court, at 1'lko. cv. Again the railroad company sue-foded sue-foded in having it removed from the istriet court to the federal court at rirson. Nov. Realizing evidently that it was beal-l. beal-l. the Southern Pacific Tuesday mailed check for $3100 to .Fuhnson. thereby . idinji the litigation v,ducliJiad been igglcd' -from one court t'o anotlicr for te past seven years. |