Ogden Sun | 1905-11-07 | Page 8 | Decisions by Judge Howell

DECISION BY JUDGE BOWELL NEW TRIAL GRANTED IN FAVOR OF SOUTHERN PACIFIC piles ballantyne case decided in favor of plaintiff brummitt act judgment i from mondays standard several decisions were handed down by judge J A howell in th second district court this morning in tho case of B 0 piles vs T II 11 ballantyne et al a suit to recover damages tor tho violation of a contract growing out of the loss of a number ot sheep leased by the plaintiff to the defendant in which damages for the first cause of action were asked for and on the second cause of action damages to the amount of the rental for the last year of the contract were asked in the first cause of action the court finds in favor of plaintiff and fixes the amount of damages to be recovered at on the second cause ot action the court fixes the amount due the plaintiff for rental for the third year of the contract at with interest thereon at the rate of 8 per cent from july 1 1904 ani with interest thereon at sper cent from sept 15 1904 the case of james J brummitt vs sarah jane shaw was dismissed with judgment in favor of the plaintiff this was an action brought by the plaintiff as trustee of the estate of edward R shaw bankrupt to set alje the conveyance of a certain tract of land formerly owned by the said edward R shaw the motion for a new trial in the case of J II 11 vs clifford S potter was denied this case was tried before judge sitting without a jury who decided in baior of the defendant the cause of action being to cancel a lease for the alleged violation ot the contract in the case ot william brown vs the southern pacific company which was before the court on a motion for new trial by the defendant judge howell ordered that a new trial be granted unless within 10 days from date the plaintiff shall remit of the verdict of rendered by the lury that tried the case the court makes this order on the ground that the amount of damages obtained are excessive and in view of the fact that the verdict was agreed upon by only six of the