Show for provi damages wanted for injuries sustained while blocking a oar TUESDAY AFIE BItOW court rearmed session at 2 after th attorneys in th case ot provo woodlea milla co v inowe taft has made their argument jua instructed thy jury that they the judges of tha evidence if they believed the defendants bought alia property from daniels as the agent of tho plaintiffs they should decide i favor of them other risa they wes d find for the defense A continuance for aba term WB e antea la aba cage of the singer mag mfg cu ys wa probert upon motion f ir daod attorney for plaintiff who an affidavit setting forth that plaintiffs plain tiffi could not safely RO to krisl oa account of inability to set important evidence evid once befera the court at this time A jury aras em paneled in tho case of J H eccles vs win G ahara ot al A 0 sutherland appears for and parley williams tor sharp at al this is a suit for trespass and dabai ages for brought by J II 11 eccles against wm G and joaeph S patterson Patte raon who it is claimed have gone upon land belongie belon gme to mr eccles at nold and glae his gate and cut and taken away hay and grass fraai the land tho land had been taken poa session of by mr bagy and tie had relinquished ed his claim to mr eccles mr eccles identified a certified carti fied copy of the receipt from the land in salt lake showing he had made a homestead entry upon tha land this was not admitted as the original could be produced mr eccles had soon men employed by cottine hay on the laud and forbidden them to do so thay had continued to the hyx ajr eccles family resided in a house upon the land built by him cross examined I 1 built my bouso outside of the fence sharp and patterson have cut hay there for several beare I 1 did not build the lence did not build the irrigation ditch Es direct mr page built the fence aground the land and told mo if I 1 build a house en the land he would gays ae the ampro cements on iha land I 1 built the house mr pae had occupied the land tor beveral barf beaure coobs the hay that was cut on the land bedora this year has been used by the 0 coal co the jury in tho case of arrovo woolen mills jo vs howe and tatt came in with a verdict in favor of plain tiu n mr burrows fiat saw mr eccles on the land in question last cross the house is outside of the fence pase was employed as a in the U P store wm G chirp havo chargo 0 the TJ P coal coa mine and store at scofield I 1 ordered tha cutting of te hay on tho land v is cut for the UP coal co the hay hd previously been tut for that company the U P coal company had possession ef the land mr page had a filing on the land in land office in hh name cross examined the company built the benca aad cut ard used tb hay mr pago looked after tha laiad for tha cora pany A nonsuit non suit wag granted upon motion of mr illiam 3 and tho order issued court adjourned till tomorrow at 10 court met at 10 the case of vs osterloh Oater loh vaa dismissed apon kotien of mr king fur mr cleever CLe evor A jury was im paneled in the case of wm F mahood P V acal go tha suit is brought for dara acs for personal injuries sustained by mahood while for the PV Caal co at ld december he tried to stop a car with a defective brake by placing a dieca of wood in trout of it u ider the instruction of the man in charge of the ard alm cius d his hain to be crushed and one of ins fin KC al to be amputated and the hand weak in consequence of alie iu stained tio sutherland aldeara for md john A marshal for the P V joal cj wm testified to working for alie P V coal co under the direction of mr the man in charge of the yard he told me to block tho car the cars were generally stopped nuh the brake aad a block of wood placed in fr ut to keep the ears from moving cais tire moved by alie employees ef the coal C alien the car eliat cruised my hand came down the track someone called out to bouk it I 1 put a tie in front of it and held it in place to keep the from run ning awa aud the movement of the car caused my hand to be crushed between the tic and a post ahw car had to bo moved back before 1 could yet my liand out could sot sleep for about eix weeks on account of the pain I 1 was kont to the hospital and lial mv linger amputated could not work till april of this year cariot lift with the and as adl as before uin acci d nt I 1 generally cot 2 a day ahn 1 worked earned water for my board two months after the accident cross examined no ns directed ae before I 1 got my hand hertto use a choit stopping alio cars adward jn in the raul handling cary the cars were topped with blocks the blocks were brinis ht under the direction of the man in charge ef tho yard I 1 tried to serj the car that injured mahood with i brake and bot it was then stopped bj a blosk of vreed mhd mabold was hurt bernan and I 1 acro on top and bernson was to atop the cir with the brake he could not do it and I 1 asked mahood who was on tho ground to block it he did eo and hs hand waa between the block and a post it took bome time t release him saw the hand after ha waa released it WAS crushed ha was complain ng of the PUB was to be run through irit hout loaded because the brake aia defective defect iva and wo could it this closed aba evidence for tha plaintiff air marshall made a atao ment ef tha case foz the defendants thoy would show that tl stopping of cars with blocks was garft f the work he had contracted to d aal that plaintiff had baen warned to use short nocks under tho shoot there wag baneer in using a long block aal that plaintiff had not used ordinary care in doing bis work robert wan called lor the defense I 1 am foreman of the PV coal coa yard nt plaintiff worked on the direction blocking cars was part of ITS work abort block are provided for flecking the car under the afoot because it is dangerous to lone blocks on account of the trestle work I 1 had instructed aja daod to sa short blocks under the there wera short blocks under tho trestle work the day before the accident I 1 inspect the brakes on the cars before they are run down cress examined I 1 instructed the plaintiff when he first ant to work to use short blocks under the trestle if a car with a defective brake was allowed to so down it might result in an acci dent james assistant foraman 01 the yard 1 did noc know the brake wa defective till the accident occurred I 1 tried the brake blecka from 18 inched to 2 feet were used under the trestle work I 1 had told plaintiff to aae short blocks under the trestle work if the long block has asea properly put under the car the accident would not have occurred cross examined I 1 ran tho car down I 1 in the morning with other cars the car to be all krisht court took a recess till 2 |