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The day book. (Chicago, Ill.) 1911-1917, December 27, 1916, LAST EDITION, Image 8

Image and text provided by University of Illinois at Urbana-Champaign Library, Urbana, IL

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83045487/1916-12-27/ed-1/seq-8/

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JCE WACQN KILLS- BOYr BUT
60URXS BLAME STREET CARS
Judge Hugo Pam and Judge. -Grid-'
ley of appellate- and superior courts
of Cook county don't know what is
"proper" in a court of law--and in
acting in favor of the Knickerbocker
Ice Co. and against a father and
mother whose hoy was killed by a
Knickerbocker Ice Co. wagon, Judges
Pam and Gridley were wrongac
cording to an opinion, ofthe supreme
court of Illinois, the text of which
reached. Chicago yesterday.
For 13 years Morris Novitsky of
v 43.46 Calumet av. has been trying to
get a verdict against the Knicker
bocker Ice Co., but he hasn't been
able so far to collect enough to pay
. for the nickel handles on the coffin
of bis 6-year-old hoy who died under
the ice wagon wheels in 1903.
i The desperate fight that a man
without a lot of money has to make
against a rich corporation in order to
get fair play in the courts of Cook
county the whole tangled snarl of
the nets of justice is shown in the
Novitsky case. After three trials,
after winning the case once, after
two appellate, court decisions," now
comes the supreme court of Illinois
and says the courts of Cook county
have dope a wrong to Morris Novit
sky. And Morris is exactly where
he was 13 years ago holding "an
etopty bag.
When Sam Novitsky was killed at
19th st' and Archer av., in 1903, a
coroner's jury took all blame off the
knickerbocker Ice Co. and laid the
blame on the Chicago City Railways
Co. for blockading the streets.
Judge Richard Burke in 1911 said
this coroner's jury verdict was either
so crooked or so stupid that it ought
not to be read to a jury as evidence.
A jury in Judge Burke's court gave
a verdict of $4,000 to Morris Novit
sky. ' This award was knocked out
by Judge Gridley in appellate court
decision that the Coroner's jury ver
dict ought not to have been barred
from evidence by Judge Burke, '
On aMiew- trial before Judge Kava
nagh the coroner's jury was admitted
to Evidence. .So Morris Novitsky got
a verdict of "nothing and keep the
change," On an appeal Judge Hugo
Pam affirmed the verdict and- the
Knickerbocker Ice Co. lawyers once
more had the laugh on Morris Novit-
sky. a?'
Counting a trial of the case in
1905, when the jury was 11 to. 1 in
favor of' a verdict for Morris, this
madertbree times the Knickerbocker
Ice Co. lawyers had won so why
shouldn't they laugh ?
Judges Pam and Bridley are re
versed andj.be case starts, all over
again through the decision written
by Justice George A. Cooke and join
ed in ijyall six of $he other justices.
Bays the supreme court: ;.
'The finding in the verdict that
from the evidence introduced, bad
the street railway company, not
blockaded the "tracks with cars the
accident would not have occurred
and deceased would not have lost his
life, are mere surplusage, and it was
not proper & admit the verdict in
evidence with those portions includ
ed. As the verdict was offered as a
whole, the objection of the applicant
to its admission should have been
sustained. Superior courts are re
versed and tb,e cause is remanded to
the superior courts for a new trial"
"My boy is dead 13 years and I.
nearly forget what 'he looks like,",
said Morris Novitsky, tailor, "but I go
on with this case .because maybe it
help fathers and mothers of Chicago
if their boys get killed by crasy -:
wagons in the street"
TO MAKE JOFFRE MARSHAL tffc
Paris, JPec 27. -Gen. Joffre, idol of w
Prance, is to receive the marshal's
baton. Announcement was made to-,
day of the government's purpose to
honor the former commander-in-chief
of the French force by revival
of the army grade of marshal,
which has lapsed since establish
ment of tSe third republic;"
ii iiii'nf'n i r ilTnrmriiif riifriiTlli

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