Show suit against THE JURYS wm T artridge ridge rt beets a yer laci against the rio rande grande G western ArTE KNOON cenat at 2 clock A jury was em paneled ia tiia case of N L van Ekl krantz TS A 0 this is ft ui ay air nielson to ceover 98 and coit co it of suit or balance due him for treat haiat kalns upon the parson ol 01 defendant and bait saadat ehrda 2 for each treatment and all tb treatments amount to h hamiag received to 78 tho hamiag ro fifty dass not admit hating authorized any treatment of bert and claims that adson agreed to treat him for 1 for ech trea and that nielson has been overpaid by board of himself and wife and other items and that plaintiff owes 42 tor which ameant defendant fur N L nielson the was called mr and dr hardy cama down to alex wilkins place in provo whre I 1 was sir smoot asked me to rome up tc his housa and examine bis le I 1 went up and examined hia leg him 1 could help him told him I 1 could not cure him I 1 told him I 1 would charge him 3 a treatment told him it would take about tea weeks aal that he would need two treatments a day I 1 promised to treat him for 2 a treatment on account of his influence tha first treatment waa giyen on the of january here witness det aled the treatments ho had given mr smoot being aided by hi memorandum mr smoot had said to plaintiff on the of march that his wife could help him with his clothing if lo 10 would po and biye bert a treat men I 1 have re in payment in cash aci board 78 cross examination mr smoot solicited me to corns I 1 did not tell him I 1 would cure him I 1 nave agven massage treatments far seven or years treated captain bailey of silt S lake I 1 waa a street car conductor in salt lake city for two aweeka did not abate at the supper table in the presence of ella and parley smoot thai was treating him for 1 each treatment I 1 beld mr smoot anco if I 1 could be employed by the city by the year ae a I 1 treat him for 1 bitch treatment owen smoot did not pay me for treating bert smoot mr did not make me a 10 payment dr bickford I 1 consider mr nielson fairly well qualified to give massage I 1 treatments I 1 consider 2 each treatment a reasonable rex price for a few treat amentt examination for a larse ber of treat manta I 1 should con aidar 2 excessive under the circumstances from 1 to in average cases would be a fair price dr hannberg mr nielson is qualified to administer massage treatment from 3 to 5 each treatment is a fair price croel mr kielson is not a physician he is a nurse under the circumstances to would be a fair price dr simmons waa called he was not acquainted with the science of masear treatment and could not give an ol 01 ahat a treatment would ba worth this closed ahn testimony for the plaintiff A 0 the first treatment mr nielson gave rao wag on the day of january the agreement wa 1 a n arrangement waa made ua to th number of my wife was present when the agreement asre ement was made I 1 received only about fifty two treatments he did not me on the ath day of april I 1 wai m salt lake on that day aboa three he treated me twice a day the arrangement wa to treat me once a day we charit 91 him weeks board he com mancid to board at my house on the day ef february and boarded ap to the of april 1 did not employ mr nielson to do auy work for bert I 1 pid sir niel al 21 brosi I 1 did not agree to amr Ni felson a fram the city I 1 promised to ue u e my to sat him a situation as diphtheria nurse fram the city nielson waa for weslty at afas and dunah bhea he did not treat iud the leg did not any durine his treatment hj told me that it would take a long ti ne to cure on account of my aae and the liag st andine of tho ailment I 1 do not re mr aniol 83 1 i 10 nhsn we had a settlement to settle the account mrs A smoot mr nielson was to treat mr for 1 each treatment if he received reca ived employment from the city if not hi would not move down trim salt lake city and treat mr fc noot mrs corroborated the testimony of mr smoot in rard to the number of he bad received 1 aly air told me twice that be waa treatise my father for 1 a treatment allx smoot mr nielson said at the table that if the city employed him ho would treat pa for 1 each mant and if be did not set employment from the city ha would not corn to arvo pon request of the defendant a pae tf mr Niel soBs account book wad nile ii in evidence where the account to alim treatment ot bert smoot wa chars d to A 0 jr this was sir n y objected to by alie plaintiff s and mr testified tb hrire irire wai made in error A 0 snoot jr 1 paid mr 3 W tor treatment civan to my father tit ti t ia n bert and myself mr nielson was called in rebuttal V n I 1 and treated mr smoot about efto keaka ho said if I 1 get you empl from tha city for a year at 0 i monab can you not treat me for S each treatment lagreen to chis the city only me two mont lii thi i clespe the evidence and the atto argued the caso before the jury blackburn attert delivering his directed the jury to briar iu a verdict in the caad of abner lowry vs mary ellen vf plaintiff agreed to take si judgment jud Kment for tt each litigant their awn coata cobit till saturday mern aag at 10 rOKE KOOI court met at 10 Gs rge william elliott jos btag and david stagg were to citizenship A jury was in tha case 0 win TS the eio grande avest ern railway co kine houtz are for tho plaintiff and J W N ottoa for ohp the abes for dalmases da mases and interest te dal for two grade awa by Rio Grande western ky co near the M M kiang in this two yeara agi august mr I 1 ride r ide at the M W kalns kilns r sided there ago las auguet he described th cawa the down passenger train whistle to driva stock of tha I 1 went to where the cows were about an hour after the whistling found the cows one dead and the other nearly dead the country is an open layel country the cows could be seen five hendred yards froni the point they wera billed by the down train the fence was m bad condition en tho south side and entirely down an the north aide the white cow was worth and the red cow about 35 I 1 went to clear creek to see the section foreman he came down to appraise the cows tie next mornion and took the hides and buried tha coats grass examined the cows wee aps praised 80 chev were worth more llian that andy a little boy about twelve years old was looking alter the cows 1 heard tha down train whistle and went to look after the cows the up train killed the chit cow and tha red cow was lynny dead by the track andrew acott ina where the civra ware killed thoy could havo been seen for about two hundred yania before they were billj kil lJ this closed ala for ha plaintiff the defense introduced no teai mony and the attorneys argued the case before the jury taft court instructed that the duly of the railway was to usa reasonable care if the evidence showed that reasonable care had sot beau used the jury should find a verdict for the the alue of the cows and interest to date the jury returned after being out nearly ten minu tos ana presented a dict for defendant for 02 81 bourt adjourned till 2 0 clock this afternoon the jury in the cas of B L aieleen van Edel krantz va A 0 smoot returned and reported they had arrived at a verdict aaa dol lar to olam tiff |