| Show LOWElL COURT Court In Il isu Og ibis Cur CR Cole C Th The Supreme court delivered In an Ion t today ny In the e ot of John J 1 Groin or er nr appellant s l the Ogden Sheet way ay et 11 01 the meat ment of the tho curt court below Acton Action In this ease caso wits waa brugh brough to recover damages for tor tl the deAth ot of ap fOn eon vho was killed through h being run over by it IL car In Ogden un on March 1 13 1597 he jury jurs according tn te the Instructions c of th thc court found n no cluse cause ot of neton action against the Ogden Street Halway Railway com coin San und the tho Electric compAny but re n a verdict for lor urt oGo against the defendant 1 it Conklin Later on motion tit itt counsel for Conklin the was WIS set asIde anti the return of the summons us DI to Conklin quashed d The Of oC the court In thIs to rc sped 11 then by appeal 44 number of error were assigned Jut but the court found none bend of thorn them hId had merit and refused to consider them The court finds that neither of the tho cur cr cnn can bu be h d for tor forthe the death of child tar tor the that at the time t f the tho accident neither one of thorn them had exercised control of the road rand The court further find linde I tram from the record that no personal service of summons was oa made mAd a upon ullon the defend defendant ant Conklin and therefore holds that the lower court committed no error its III setting the tho verdict of oe the jury jur aside Ulde which In the place was as old for forthe forthe the reason alreadY given Ien use pinion WAS rItten by Chief Justice Bartch and concurred In by Justices Miner and D |
