Hide Article Text (OCR)
BURT DIPHTHERIA CASEConsumed a Good Deaf of Time and Excited Considerable Interest During the Progress of the Trial.The district court opened Monday with a full docket of cases involving many different phases of law' and fact. On thecal] of the calendar many of the causes were continued and several set for trial some of which have since been settled. The grand jury were instructed as to their duties by the court and they retired to prosecute the work which was awaiting them. On Tuesday the usual number of defaults were taken and the plaintiffs made happy because of no appearance against them.The diphtheria case from Burt began Tuesday and lias occupied the entire time since. Mrs. Catherine Ray brought suit for.$1,000 damages against G. G. Wheeler and Dr. Peters because while she was living in an old building at Hurt, Wheeler took his little boy who had fthe diphtheria and placed him in the room upstairs above her. She was there quarantined and suffered mental and physical injury. Dr.Peters, she claimed, authorized the♦patient to be taken there and on that account was sued with Wheeler. She also relied upon the statute which allows damages for such a breach of the laws of health.The defendants denied that there were any damages sustained 01* statute violated and went to trial, on those issues. J. C. Raymond is for the plaintiff and Sullivan McMahon for the defendants. The case has been bitterly fought, each side doing its best to obtain a verdict. Drs. Peters, Kene-fick, Gay and Morse were on the stand and as usual were put through the hot box to show their competency as expert witnesses. Much of the testimony was conflicting and those attending who heard it took sides in the court room and discussed the merits of the case.Thursday afternoon after a sharp tilt between the attorneys the court sustained a motion to release Dr. Peters from the suit as it was not shown that ho had contributed to any of plaintiff’s damages.Those chosen to decide the case are: Alfred Welfare, Ledyard; Wm. Cosgrove, Wesley; #T. M. Heck, Lu Verne; W. H. Altwegg, Plunib Creek; D. 1). Kinyon, Algona; O. IF. Dutton, Cresco; Andrew Mel man, Greenwood; .John 'Menes, Lotts Creek; Carl Hansen, Wesley; E. O. Kclgason and W. Kerr nrf Seneca and ,f, O. Seglar, Grant.All of yesterday afternoon the time was consumed by the four addresses to the jury and the case is being submitted as we go to press this morning. The trial lias been well conducted and the verdict is uncertain.
Newspaper Details
Algona Advance
Algona, Iowa, US
Fri, Nov 22, 1901
Page 5
Full Page
Clipped by
Lynn D.
VA, USA 01 Oct 2019
Other Publications Near Algona, Iowa
Daily Upper Des Moines
Algona Courier
Algona Republican
Atlas of Kossuth County Iowa
Algona Upper Des Moines
