OCR Text |
Show REMINDER OF THE AZIISA WRECK The damage cases of A. I. Stone, administrator for the estate of lien-Jiimin lien-Jiimin F. Eceles, deceased, and also administrator i nthe matter of the j estate of Walter M. Constock, deceased, de-ceased, against the Union Pacific j Railroad company, were dismissed in j the district court tula morning on mo- j tlon of AbboU Maglnnlss. These cases have burdened tho court calendar for a long lime, they having boon once tried, seni to tho supreme court and remanded buck to the district court for new trial, alter which many continuances have been had for one came or another. They were set for trial today, b,it the attorney at-torney for the plaintiff stated thai the plaintiff was not ready tor tiial, due to the Illness of W. I.. Majjimlss. leading counsel In the case, and the absence from the citv of the next lead- i leg counsel. James II. DeVine. The judge irciiitl denied tho motion mo-tion for continuance, his honor slating slat-ing to the attorney that the casoi had b?en on the calendar so long and hud been continued so mauy timc3 I hat they had become burdensome, and that they must be tried at ihls time, or dismissed. The court further fur-ther staled that the motion for continuance con-tinuance was uniliuel) and that the plaintiff would have to proceed to trial. I'pon the court's denial of the motion for a continuance, Attorney MaGinnlss moved that the cases be ditmisvd without prejudice. It was so ordered. The calling of these two cases brings to metrory the Ar.usn wreck on the ITnion Pacific railroad in Wyoming, Wyom-ing, in the year l:03, when twelve persons lost their lives. Suits were brought aaiust the company for var ious sums, rangin- from ?10.0"0 to $20,000. sojuo of rhe plaintiffs getting judgments in lesser sums, others losing los-ing their cares. The two cases called this morning involved the claim for damages In the sum of $20,(nin, the jur in the lower court rendering a verdict for the plaintiffs in the eum of $j.i00 earn. An appeal was taken to the supreme court by the railroad company and the cases were sent back to the district court for a rehearing |