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A Water Sprinkler

A Water Sprinkler image
Parent Issue
Public Domain
OCR Text

J.ÜB caso ui ueorge w. Jnays vs. Wm. H. Sweet, Harlow P. Wells, et al., was heard in the circuit court today. The case grows out of the death oí' a cbild of Mr. Hayes' cansed by his being run over by a sprinkling wagon owiied by the Business Men's Association of Ypsilanti. The accident by whicn the boy was killed oc corred in 1896. It appeared frora the testimony that before the deith of the child the father sought legal advice relative to the matter. While tliechild was dead in the house, the Business Men's Associatiuu through Messrs. Sweet and Wells sought to ruake a settlemeut with Hayes. He claims tbat they agreed to give hitu a $100 m cash and take up a big subscription for him and also that Mr. Sweet promised to give his wife a new dress. After a settleinent had been agreed upon, Hayes said he had placed the matter in the hands of John Lawrence and he could not settle without hia consent. John P. Kirk as attorney for the Business Men's Aesociation comrnunicated with Mr. Lawrence and the settlemeut was made the associatiou paying Mr. Lawrence his fees, the funeral expenses of the child and gave Hayes $60 in cash. The Hayes' claim that a big subscription was to bö taken up for them and that Mr. Hayes was to receive permanent employment at tbeir hands. Wheu nothiug more was forthcotning the Hayes' sought to bring suit agaiust tne Busniess Men's Absociation of non-fulfillment of the alleged agreement. Attorney Lawrence was appealed to bot owing to his previous conneution with the case he wonld not take it. Mrs. Hayes testified that Mr. Sawyer told her he would assist Mr. Lawreuce with the case. Bnt the coruplaiuant finally engaged Lehman Bros. & Stiveis. The matter has been dragging along ever since. When the plaiutiff's case was finished, Attorney Kirk asked that the bi)l be dismissed for the reasou that a settlement having been eft'ected beforfc ancb a case as the present, oue could be bought resfitution mast be made the defeüdauts and they be placed in the same conditiou they were in before auy settlement was had. The plaintiffs claimed that settlemeut wito the fathe-r did not prevent the ïnother from receiving damage also. The case then went ou, the deiense calling Mayor Wells. He related the circurustaucps of the settlement with Hayes, said the mouey which was jjaid iu settlement was advauced by Mr. Sweet, and had to be raïsed later by subsoription, bnt he kuew of no promis to raise any more money for plaiutiff. He told of Hayet' agreement to be appointed a special admmistrator for the child and the signiug of a receipt by Mr. Hayes edging the receipt of a sum of money as before mentioued. Mr. Sweet testified toabout the game tbing, bnt said he never promised to take up a big subscription and did uot think he ever promised to give Mrs. Hayes a new dress. This afternoonDr.Hnston was placed on the stand. He testified to being present when the settlement with Mr Hayes was effected. His testimony was in snbstance as before stated. He said he expected the snbscription would be larger than it was, that is more than enongh to pay the stipnlated snm. Bnt hesaid the association did not obligate itself beyond the amoant before named. Jobn P. Kirk then went upon the staud and related his part in the settlement, he told of drawing varions papers, and of the appoiutment of Geo. Hayes special administrator and his application for appointment as general administrator. Hayes claims the condition of the settlement with hiru have not been fulfllled - henee the dissatisfaction on hie part and his desire to have the settlement set aside. The wife and mother claims she, while having the same rights in the case as Mr. Hayes, was not consnited at all and that she is not boun3 by the settlement. She tlierefore desires the case reopenerl. At this point the defense rested and Mr Kirk renewed his motion for the reji-ction of the bill, claiuiing as before that the plaintiff mnst before beginning snch proceedings place the defendants iij the same position as before the settlement. He also claimed the settlement by the hesband as special administrator shut ont all claims on the part of the wife.