Show M THE damages in a rail way suit THE frank charged with selling liquor to minors bertson Eert son vs scott court resumed bession at 2 Cli arles of manti WAB admitted to D U houtz the jury iu case of burrows va price judge blackburn hero stated that he did not behave the plaintiff bad auh a to the land as would enable him to brine a suit for ejectment and tle jury wua to find a verdict clr the defendant which they did without leaving the bux au exception was taken by tho plain tiff A jury was in thu cate of joseph is hall vs the alio llio grande western go the plaintiff claims that the railway company had luff a feuce near in bad re pair and that a belonging 10 mr had w the of september got duio the and k ay the mra or edib of tha railway company had the cow aid likou l the hibb away mr ddll aadu tor damaia in the sum of 35 with mt ertist at 8 per cent king and houtz appeared for mr hall and J W N fur the company joseph S hall the plaintiff testified to the animal last doge to the railway truck she appeared to beu struck by alie train and could not gt awa aba lection men came up when I 1 there aad onu of them knocked the COTT in the head with a hammer in the morning of that day I 1 sent the cow to the pasture thia was cloae to the fence had savi oral gaps in it was lying duct of the fance the fence was in I 1 euch bad condition that animals could at through in several places I 1 on cross examination mr hall aeeti nd that the cow WAS about half way between the pasture gala and the farat street leading out of the pasture lane when she waa killed but aume what nearer to the catreet the section boas asked me if I 1 wanted tha cow to suffer and after that he knocked her in the head lie direct did not give tha railway company authority to ekin the eow harry saw the cew on ane baet side of iha fence in the pasture earner atler warda lying inside of tha fence with her bead on the track a train had parsed between the first and the cecone time I 1 lax bar gua houtz and my sel pulled her outside f the fence marine johnsos saw the cow lying partly inside and partly ef the fence 9 it 2 la the afternoon she app ired to have been hurt by the train the benca waa in a bad condu iun I 1 called the attention of aba railway companas comp anys men to the bad condition of the fence they to fix it up the cow was worth from 30 to 35 patrick ward section foreman en the kio grando western saw the cow in the evading ev aning she could not yet up the section men were with ma we buried aud skinned the cow took the hide to the station ant we were instructed to do ao by the company the fencer wait in bud ana sometimes in good condition on account of eo many cattle going down we tried to keep the feuce in goed repair the fonce wasela we had asked for material to repair the fence crosb examined the fence waa in good condition ia the morning of that day mr hall was recalled hid been eleven gaps in the fence the morning after the cow was killed thera ware five gaps tha evening the cow waa killed mr johston was recalled had called mr ward attention t the condition f alie fence mr ward had said he could not gat material to repair it with tha mr moved for a nonsuit for the that the cow casnet lawfully upon the highway but was an Noo roof had been made that tre cow killed waa the one described in abc complaint and no pouf p had been made that the railway company had killed the cow through numerous Nume roua authorities were read in support of the motion tue defence introduced no evidence W H kina the jury for the plaintiff H was followed ly mr for the railway company and mr king clobes the case for the plaintiff judge blackbern Black barn instructed the jarv that tha railway company should exercise reasonably cara and if they haa not dono so a verdict should 1 lound fur ahe plaintiff an exception was taken to the in by mr ane 10 minutes with a verdict for iba plaintiff tiff court 10 the case of D C aeed vs meadow live stock association was on anat Defna ants in thia case claim tie BUCU of as balance of an account for the king Houtz were counsel for Suther laai apoe arrid lor defendants 1 0 aeed testified that parti t the live stuck fijn tam real M burcl anni the and d in busi in live stuck from a normandy horse for the received live atuck and borne lumber to the value of 1000 or upwards in part payment anc company deliver e J tb ei to pia nt ff and a bul of sale has ven A balance of abair was let which was promised to ie paid but so far bad rot to mr all the eat tie and umber aid m HI aboe time r aud was frfd rfd by jobu jos aier a ier arid oie of abe ti warts liu ot eo to E A bacek sarini aad P aci wibb a c minitree and talk to them about inking mair t ibe i y ii of the comp ny J aeilt fiaher acte I 1 for the compan tot for to fi iha ahe list 1 tried to collect myself witness fur the defense testified jn effect that the plaintiff waa a partner copartner co ot in to chow that be hotd nu against defendant association aba plaintiff on oilier hand denied ever having agreed tl take stock in the and hal iu interest therein whatever court took recess unil 2 u cluck |