| Show TEN THOUSAND DOLLARS dollaus B it 11 DITNER sues jues griir utan UTAH central railway COMPANY vor FOR DAMAGES our readers will remember an item appearing in this paper some mouths months ago relative to an accident and narrow escape from death of B B bitner while crossl crossi crossing ng the utah central ra railway 11 track near the francklyn smelter south of this city it seems that mr bitner has since instituted a suit for tor damages in the third district court the substance of his complaint being as follows that on december 1883 there existed a public highway which crossed the defendants track immediately north and east of what is known as the francklyn smelter which highway was then and for a long time prior thereto much traveled ty by the public that there existed immediately south of said high wayland west of said sald railway track a high embankment that was covered with sagebrush so as to prevent a view of trains train sand and locomotives approaching said highway from the south by persons approaching pro aching the track from the vest west on said highway that the francklyn Franck lyn iya smelter was so near the said crossing that the noisa caused by its operation ope nation ration prevented any one approaching said crossing from the tha west from it hearing e a train or locomotive a ap p preaching pro r 0 aching on defendants track without a loud aloud warning that said smelter was in operation almost continually and was in operation on december that on that day while plaintiff was lawfully traveling along the said highway with his waon wagon and team he approached said crossing from the west where his view was obstructed by the tha aforesaid embankment and brush and while the noise of the said smelter prevented his hearing any approaching pro aching train he without any fault on his part was driving across defendants said track that as he reached said track defendant negligently caused one of its locomotives with a train of cars attached to ta approach rapidly from the south without giving iving any signal of warning that coula could be beard heard by any one tra velling across said track that in sequence consequence cen thereof the locomotive then and there struck the plaintiffs wagon mashed the same in pieces and with great force and vl violen olence cel del threw plaintiff into the air severely injuring and bruising bim liun and rendering him for some sometime time insensible that plaintiff was thereby seriously and severely severe y crippled and injured in the tig right t shoulder and armand arm and as he is I 1 informed orm and believes was seriously injured internally that by reason thereof plaintiff was confined to his bed for a period peri perl od of three weeks and has beela been and still is unable to attend to his business as a farmer wherefore ho he pra fraro ji judgment for tor as damages buffered suffered and for costs of suit sheeks rawlins appear as attorneys for plaintiff |
