Deseret Evening News | 1907-07-01 | Page 3 | Lower Court Again Reversed

H LOWER COURT AGAIN REVERSED 4 f 1 i V Supreme Tribunal Holds Railroad 1 Is Entitled to Another Trial Of Case CaseI I CLAIMED DAMAGES Eror In III ft lolI of at o 1 s sor Of or Stolen SOei V Tho fhe Judgment of ot tho thu lower court linn boon fl reversed by the court In an nn opinion down In hi Inthe the case cB of i thu th Short Line Lino Ino com comlIn lIn tint n R now trial Is I granted In Intha tho tha Second Sc ond district court coUtt nt III l ld il wits given It tt ft v judgment si for fur an zu for tor or Injuries received by her hel nt Ut Williams Mont M nt on Juno 22 1905 aun 4 v em le on an a U commissary car carlor cary u y lor lr the thc company compan Bho Rho ho alleged thul the In which nho sha Wn was WU cm on a n k when nn an en n jc bumped Into It Il und Hue wan ta In Injured i Tho rho new ne trial Is i granted b i of ot error errOl on an tho thu part of Ot o tho lower curt court In admitting evidence which allowed w ll an in Injury to plaintiffs whon hOIl no such Injury was va alleged aliened in iner iner er complaint It t Is 1 held tho th Injury jury to ta tIit ay Is I ono ann which h would not ct cuR tho o complained of o anti hence hanco It nu l be specifically Bp alleged In the tho In order to proof thereof Chief Justice McCarty wrote the tho opinion ot of o the court and It Is i con curr d In by b and ond FrIck CLAIMS WAS STOLEN In u II complaint which hai been beon flied i In thu district 1 court Annie Butcher Dutcher al ui alleges leges a house S feet tact In dimension lon Willi wa tram from her herI by Folly Tolly 1011 11 II th Samuel George Georgo und Joseph Butcher Dutcher ButcherT I d T the UIO th In III the tho suit Hull She Sho Sh al nl alleges leges Igea somo early arIy Sunday morning Juno JUliO 9 while she aha wall iVan sace I aoe tully fully tha tho defendants moved LIo hou e oft otT onto property properly belong belonging ing to 10 Polly and still S retain possession at of It ft The Tho house wo mav moved ed t d 1 on Sunday she he claims to leI u prevent her lier from train gelling lI In out an ait injunction t putting a n clop llop tn to It t Khu Sho dons doos not nut nott Ilok tot for the th of or the thu house t Jut but ut simply for tar Its value alue MOO S