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Taken From The Jury

Taken From The Jury image
Parent Issue
Day
28
Month
April
Year
1899
Copyright
Public Domain
OCR Text

The case of Peter J. Lehman, ad ïninistrator, vs. The Toledo Ice Company, carne to a sndden termination in the circuit court Tuesday afternoou, being taken froiu the jury and a verdict ordered or the defendauts. This case grew ont of an accident at Whitrnore Lake by which several men were killed and injnred. Among thetn being one Morey who was a single man without anyone depend' ut upon hira. The facts as to the accident and death were not entered upon. Acording to the statement of the plaintiff the Ice Company tor the purpose of settling.up all claims on account of the accident entered into a verbal contract with Lehman & Stivers to have a special adzninistrator appointed that they might have some legally qualifled person to vvhom to pay a specifted sum, $475, which they were wiliing to pay in settlement. The Ice Company accordiugly requested M. J. Lehman to petition the probate court fnr the ap pointment of a special : administrator. This was accordingly aone, P. J. Lehman being appointed. The ccntention of the defendants was that Peter J. Lehman was not properly coustituted a special administartor, that it was against public policy for the probate court to appoint a creature or appointee of its own to the position or special adminstrator. This act alone Mr. Sawyer contended was snfficient to set Mr. Lehman aside. Bnt he made the farther point that in the appointent of a special administrator the petition for the appointmént could not be made by a stranger, but mnst be made by a husband or wife or relative, or next of kin or a creditor. The judge temporanly overruled Mr. Sawyer 's position and allowed the case to go on. When the plaintiff 's case was finished, however. Mr. Sawyer renewed his motion which was sustained as before stated By agreement costs weretaxed in favor of defendants in the sum' of 184.80. The attorneys for plaintiff, Messrs. Lehnian & Stivers say the case will be taken to the snpreme court and they have been given 80 days in which to file a bilí of excepcions. The jury was excused nntil 9 o'clock tomorrow morning. Tbe cases of the Bortels vs. Wm. Jndon were dismissed because of the failure of the paintiff to file a bond for costs within the time named, and the costs so far incnrred were taxed tip against the plaintiff. These are the two snits brought against ex-Shenff Jndsou and Deputy Sheriff Wackenhut for false imprisonment, the damages being placed at good round figures with some sensational features in the pleadings. The new state oil inspeotor has two less cases to defend tonight. The judge then proposed to listen to tbe arguments for a change of veBue in the Jcdson cases, but as the attorneys were not on hand and Mr. Judson who desired to be present when the argarnents were made, was out of the city, the matter was put over and court adjourned until tomorrow morning.