The Groom and The Best Man...
Monday, September 28, 2015
Saturday, September 26, 2015
Wednesday, September 23, 2015
Local News - J. L. Bay and G. W. Molleston were Des Moines visitors, Friday. - Mr. and Mrs. Cal Barr, former Lineville people now living north of Allerton were shaking hands with old friends here Saturday. - J. Z. Bay is a business visitor in Kansas City this week, making the trip by auto. - County Engineer Thomas, had the big Caterpillar Tractor and grader in town one day last week and put No. 14 in fine condition. Dave takes genuine interest in both town and country roads and has many friends down this way. - Mrs. Albert Greenlee of Des Moines is the guest of the Tony Logan family this week. - Rev. Meeker motored to Osceola Monday where he will officiate at the funeral of an old friend, and member of the M. E. Church while Mr. Meeker was pastor in that city. - Mr. and Mrs. Guy Painter spent Sunday in Gilman City,Mo. - Merl Moore who was recently operated on at Centerville came home Wednesday and is reported doing nicely. - Ike Castro is serious ill suffering from pneumonia at his home in the east part of town. - The two "Bills" Lemons and Kirke motored to Corydon Sunday evening and attended church services. - Small amount of good white seed corn. Phone, Mont Moore, Lineville, Iowa - Professor Rutherford and Mr. Block were Des Moines visitors over the weekend. - "Kid" Bryan, Ward Rockey and Orlando Krieder all of Simpson College came home to-day on Easter vacation. - If you drop into the Probst Bakery about 1 o'clock any day you can see the fine loaves coming from the oven. They are certainly an appetizing sight. There is no better bread baked than Lineville bread. - Baby chicks as low as 10cts hatched from rigid culled pure bred farm flocks. Write for prices. Perrin Hatchery, Chariton, Ia. - Among the sick people about town are: Eliza Duncan, Mrs. Billy Corder, Imogene Brummett, Mrs Halla Hadle and Mary Barber. All are improving except the latter who is in a serious condition. Many cases of flu are reported in surrounding country. - Jack Lewis well known in this section is seriously ill in the Parker Hospital at Allerton. At this writing (4 pm Thursday) he is very low and little hopes for his recovery.
- "Racket" Mewmaw, a member of the Lineville Oil Co., was in town Friday and purchased a couple of Ford Roadsters from Dailey-Luce Auto Co., local Ford dealers.- Up to the time we go to press the Editor, who was re-elected Mayor in Monday's election has not found a man who voted against him. Wonder where Loyd got the 51 votes? - Dr. C. E. Lovett received a box of grapefruit and oranges from his old friend, C. C. Dye, who has a fine fruit farm in Florida. Charley says the fruit is fine, but how can we verify the quality of the Dye product without a sample. - Mr. and Mrs. Pearl Mardis of Detroit Mich. spent the week end, the guests of the Jas. Davis family. Mr. Mardis holds a responsible position as Superintendent of a large contracting firm with headquarters in Detroit. Mr. Mardis has spent many years as a builder and contractor and his present position is a just reward. - Lyle Bryan, who has worked the last few weeks in a job office during a printer's vacation in Fredonia, Kas. Returned home Sunday. While Lyle is one of the extra board of the Printers Association as a printer, he expects a regular position soon. Lyle is a steady, industrious worker and will soon no doubt get a good position in the near future. Meanwhile he will fill his old position on the Tribune force as floor man. A Tribune Reader 50 Years Sam Stuteville, well known farmer west of town, was a Tribune visitor last week to pay up for the "Old Reliable." Mr. Stuteville is a pioneer and one of the men who helped blaze the trails in this section some 50 years ago. He has been a constant subscriber to the Tribune for over 50 years. As a token of our appreciation we are sending Sam a couple of good farm papers for the coming year with our compliments. Local Boy Honored John Clay receives honorable mention for his good work as a carrier, in the small newspaper published by the Register and Tribune for their carriers. In recognition of his good service, Johnny's name appears on the Honor Roll. To qualify for this he made an increase during the month of February an otherwise handled his route in a satisfactory manner. --- We hear that Feet Bragg suffered serious injury to a hand injured in a machine in his father's Bakery at Seymour. Corydon Re-elects Old Ticket After a total of 765 votes had been poled in Corydon Monday, the former Mayor and Council were re-elected. The winning ticket: Geo. W. Walker, Mayor; Treas. F. B. Selby; Assessor, C Holiday; Park Commissioner, W. E. Moore; Councilmen, L. W. Stroud, Ray Lusher, S. H. Perkins, J. L. Young and W. E. McCracken. Mayor Walker received 501 votes while F. C. Middlebrook received 264. --- Mrs. Probst and son Robert spent Sunday with relatives in Humeston. --- Lineville Wins Checker "Champ" Davis' "Wizards" Annex Title by Defeating Corydon in Final Game Wednesday. The Lineville Checker Team led by their manager, Chas Davis, journeyed to Corydon last Wednesday, where they defeated Corydon by a 20-16 score. This victory gives the locals the Southern Iowa title. Desomber and Locks were the Lineville stars, each winning 5 and tieing 1 in six games, while White and Darrah led the Corydon team, the former five wins and one lost and the latter 5 wins and a draw. The score: Alley, Lineville, won 2, draw 3. Meade, Corydon, won 1, draw 3. Locke, Lineville, won 5, draw 1 Ray Showalter, Corydon, won 0, draw 1. Gloshen, Lineville, won 2, draw 3. Bryan, Corydon, won 1, draw 3. Logan, Lineville, won 1, draw 0. White, Corydon, won 5, draw 0. Desomber, Lineville, won 5, draw 1. Merrick, Corydon, won 0, draw 1. Sears, Lineville, won 2, draw 0. Bill Showalter, Corydon, won 4, draw 0. Wilcox, Lineville, won 0, draw 1. Darrah, Corydon, won 5, draw 1. Gammill, Lineville, won 3, draw 3. Webb, Corydon, won 0, draw 3. The locals met the Mercer team here Monday night and won from the Missourians by a 19-15 score. Manager Davis is looking for games for the team which has lost only one series this season. Obituary Little J. C. Quinn was born June 11, 1922, three miles east of Lineville, Wayne County, Iowa, and departed this life at his home two and one-half miles northwest of Clio, March 22, 1926 at the age of 3 years, 9 months and 11 days. He leaves to mourn his death a father, mother, four brothers and a sister, Lemuel, age 12; Robert 9; Roy 5; Viola 2; Kenneth 7 months and a host of sorrowing friends and relatives.The remains were laid to rest in the Alley Cemetery at Mercer, Mo. Card of Thanks We wish to thank our many friends and neighbors for their kindness during the illness and death of our darling baby.-Mr. and Mrs. Grover Quinn.. School Notes - Erma Jean Brummett has been absent from the first grade because of illness for the last two weeks. - Mrs. Jimmy Moore visited the second grade Friday afternoon. - Izola Warnock is absent from the third grade. Town Ticket Re-Elected Only Sixty Per Cent of Total Voters out for Election of Town Officers. After a rather quiet election here Monday, the old officers were re-elected for the next two years. With only one ticket filed, a write in of L. A. Duden, local Justice of the Peace for Mayor against E. C. Varney, the present Mayor, resulted in the following vote: Varney 146; Duden 51. While a total of 219 votes were poled with 7 spoiled ballots, some 15 ballots in which only two or three councilmen were voted for, caused the shortage on the vote for Mayor. Walter Bright for Assessor with 191 votes, led the winning ticket. Considerable improvements to the streets are planned for the coming year and arrangements have been made to eliminate a bad piece of road on East Line Street. The Electric Light and Telephone Companies have already moved poles back along this street to make room for a wider and easier grade with good drainage. This road has been a sore eye to the town for a long time and when completed will be one of the best into town. --- (Picture) a scene at the Lineville Mineral Springs, which were recently purchased by J. S. Craney of South Lineville and Ex Linthicum of San Leandro, Calif. The Springs are located 2 miles south west of Lineville and a half mile west of Federal Highway No. 65 on which paving will commence soon. A larger Hotel, Bath houses, Golf Links, Bathing Pool and many other improvements are being planned by the new owners. The medical value of the Spring water are nationally known. Clio Locals - Mrs. Dr. Jones is doing fine with her chickens. - Some are returning from the South. Mr. Snow our miller and Lousisa Lane and sister Mrs. Roper. All are looking well. - Mrs. John Preston has been visiting with her parents at Unionville. - Ray Greeley and family are laid sick with the flu. - Sherm Sharr and Fred Carlson went to K.C. with two car loads of cattle Tues. - Jim Browning shipped out hogs this week. - Merel Owens and family moved in the house on the Sharr farm. - Luch Sharr, Geo. Hutchinson and Belle Sharr and son, Donald all went to Corydon Sat. - Mrs. Herb Fry walked in from the country through snow this morning to attend Sunday school. - Pete Cook did well with his hatching as he got 800. New Zion - Ethel Dewey of Kansas City spent part of this week with her grandmother, Lydia Jay. - Clete (?) Bain, wife and son Harold, Virgel Cox and wife and children, Albert and Mildred spent Sun at Eldon Cox's. - Dick (?) Bloom and wife spent Sunday at Wilbur (?) Blooms. - Rose Ragan and family spent Sat night at Everett Blooms. - Del Vinzant and wife balled at Oscar Hartleys, Thurs. (unnable to read the rest) UNION ITEMS - Ancil Dunham of Lineville visited Sun at the Bob Dunham home. - C. R. Hill and family spent Sun. at Milo Porters. - Mrs Clyde King visited one day this week with Maud Hoilinger. - Flo Dunham visited Tues night at the home of R. D. McLaughlin. - Claud LaFollette sawed wood in this vicinity the past wk. - Nettie Keaton is visiting at the Chas Bellows home. - C. R. Hill and family spent Sat. evening at Rolla McLaughlins. - Mildred Bright visited Sat. with Ada Thomas. - Quite a lot of oats were sown in this vicinity the past wk. - Rolla McLaughlin and family spent Sun at the Pearl home. Also Carl Grimes and family of near Ravanna. - Miles Hollinger called at the George Smallwood home sun. - C. C. Bright were Pleasanton callers Sat night. - H. F. Hawkins, C. R. Hill and wife, and R. Moore spent an evening at the home of Bryan Moore.
LOGAN CHAPEL- Effie Lovett of Lineville, and brother Gwynn Hawkins of Des Moines, took 8 o'clock breakfast with their sister Rena Logan on Tuesday Morning last week. - Rease Logan and Eugene Drake went with the Odd Fellows degree term to Mercer and put on initiatory and first degree work for the Mercer Lodge Fri. night. - Kenneth Drake spent Friday night at the Ben Logan home. - Mesdames, Maranda McCarty, Effie Lovett, Alma Logan and Elsie Drake were Princeton visitors Sat afternoon. - John Pilley and wife and John Wilson and wife were visitors at Sherman Judds Sun. - Rease Logan and wife and W. E. Massey attended the recital given by Miss Dicksons class on Thurs. evening at the M. E. Church in Lineville. - Rena Logan was a visitor in Lineville last Mon. night. - Jesse Philiphs is visiting with friends in this community.
HOG CREEK- Cleva Petty and his mother were Lineville callers Sat. - A. E. Jorden and wife were Woodland callers Fri. - Leonard Coat was a week end visitor at home. He is a Junior in the Garden Grove H.S. - Mr Cochran was a Garden Grove visitor Sat. - Al Cochran has gone to Des Moines to work. - C. A. Bates was a Lineville caller Fri. - The Kost boys hauled corn to George Johnson Sat. - Lindon Allard and Doyle Keller hauled corn to the Wilson Boys Thurs. - H. O. Petty sowed timithy seed Fri at his farm near Morgan Fri. - Ora Evans was a Woodland visitor Sat. - Alice Wilson, Cleo Shira and children and Hazel Wilson visited at the C. A. Bates home Sunday evening..
MT. OLIVE- Creed Cravens and Ivan Belvel sawed wood Thursday of last wk. - Allie Wilson who has been on the sick list for some time is not improving very fast now. - Thelma Bryan spent the weekend at home. - E. J. Wilson and wife, Hazel and John Wilson spent Sun at Ray Johnstons. - Mesdames Mollie and Clell Cravens spent Thur at Ruby Cravens and helped her cook for the wood sawers. - We heard wedding bells in this part of the community last week. Elsie McClain was married to Joe Mulvania Sat March 17. This community wishes them much success and happiness in their new married life. - Frank Willis and wife visited at George McCarty's sun. - Ben Logan and wife visited at Billie McCarty's Sun. - Guy Logan and wife motored to Corydon Sat. - Mrs Jake Acceson is improving after 3 or 4 weeks with lung and bronceiel trouble. - Sarah Sinclair and son Glen spent Saturday afternoon at Lineville. - Alice Wilson and daughter Hazel and Cleo spent Sun night at the Abe Jorden home. - Gussie McClain spent Thurs afternoon in Lineville.
- Billie Sinclair bought him a Ford car from Daily and Luce Auto Co. last week.- The county men bought a new grader for Frank Willis to use in Wayne County. Now Frank drag up the roads in good shape. -George McCarty and wife and E. W. Vinzant called at Emmett Caseys sun eve. FAIRVIEW - Robert Tatman who has been sick for the past month or more is reported getting along nicely. - R. R. Sanders and wife, Jim Ed Booher of near Allerton spent Sun evening at the A. T. Booher home. - Helen Robinson spent Sun in town at the home of her mother Mrs. Madison. - Eldon Booher, wife and daughter Carolyn and Mrs A. T. Booher visited Sun eve in town. - Tuesday evening at Fairview Mr. Tomilson of Princeton gave a lecture on poultry and used slide pictures to illustrate. - Joe Barker spent Mon eve with Eldon Booher. - Zonell and Evalee Saunders stayed all night with Vinetta Dobson Saturday and also attended the entertainment given by the Cameron Wesylian College Glee Club. - Ralph Rockhold spent Sunday at Jack Logans.
FAIR HAVEN NEWS- Lizzie Reeves and son were callers at Princeton Fri. - Mrs. Bub Wade visited Friday afternoon with Mrs. Carl Grimes. - Mrs Theodore Wade called at the Andrew Lowry home Friday afternoon. - Mrs Harrison Ramsey and daughter Edna called at the Carl Ramsey home Sun. - Carl Grimes, wife and daughters visited with her parents Pearl Fu-ers west of Mercer. - Myrtle Wells is staying with Mary Wade. - Roland Ramsey called on his grandparents Harrison Ramsey and wife Sun morning. - Fred Maring was a Lucerne caller Fri. - Clara Bryan and Bernice Wyatt of Ilia were callers in this neighborhood Thurs. - Allie Holmes was a Mercer caller Sat. - Ralph Breece was on sick list this week. - Sant Holmes delivered corn to Puffers this week. - Lowry and Wm Reeved, Clarence and Ralph Breece assisted Eddie Breece with his new cave this week. - Carl Grimes was a Lu-urne caller Mon. - George Haggard is assisting Cyrus Foster with his farm work this week. - Carl Grimes sawed his wood Friday. [submitter - C.A., August 2003] ----- Lineville Tribune Lineville, Wayne Co. Iowa April 8, 1926 E. C. Varney, Publisher
AnnouncementsPlease announce to the voters that I will be a candidate for the Republican nomination for Member of the Board of Supervisiors for Dist. 3, subject to the will of the primary. - Edgar E. Johnston - Clio, Iowa. --- - Mrs. Mildred Kellam of Greenfield, spent Easter with her parents, Mr. and Mrs. Lem Belvel and with other friends. - The Embroidery Club will meet with Mrs. Miles McCarty next Tuesday afternoon. - Mildred Bryan and Marcelle Laughlin, Iowa City College students, spent Easter with home folks. - Don't fail to look over our bargain counter - Perkins Cash Grocery - Ed Prizer of Chicago, visited Mrs. Prizer over the week end. Mrs. Prizer is confined to her home, a victim of the flu. - Jesse Bryan was a business visitor in Corydon Monday. - The Bridge Club met with Mrs. Maud Lovett, Tuesday afternoon. - Mrs. Mary Warner visited friends in Allerton last week. - Mrs. Jesse McGhee of Iola, Kans., was called here by the death of her mother, Mrs. Mary Barber. - Miss Beulah Hudgel spent Easter with home folks in Fairfield, Iowa. - Orlando Krieder, Ward Rockey and Gerald "Kid" Bryan spent Easter with home folks. - Billy Alexander, well known, farmer north of town, marketed a carload of fat hogs the first of the week. The hogs were a fine lot and brought top price. Billy is one of our most successful feeders and farmers. - Mr. Davis, the new mail carrier and his family, are now located in their new home in the west part of town and state they like Lineville. They come well recommended as good people and we are sure Lineville people will treat them well. - Jimmy Helm of Mystic is visiting friends here this week. Jimmy was formerly an instructor in the Lineville schools and has many friends here. - Word has been received from Caldwell, Kans., of the death of Aunt Polly Rucker, well known pioneer of this section - Mark and Ivan Petty of Des Moines motored down and spent Easter with home folks. Both boys hold responsible position in our capital city. - J. L. Bay, who motored to Kansas City last week looking after business affairs, was compelled to leave his car and come home on the train. Very seldom do Jim and his "Chevy" part company. - Carl "Skeet" Molleston, who travels with a Dramatic Co. during the summer months, left the first of the week to join his company. Carl says he greatly enjoys the winter months in the old home town. - Among our new subscribers are A. A. and Glen Alley of Mercer, Mo. these men are two of Mercer's leading business men. Among the Mercer subscribers are Ed Gloshen, Bryan Bros., Oliver Graham, McCoy's Produce, Newlin Grocery, Tom and Arthur Girdner, Moore's Café, all of them live wires in the Mercer business field. We are proud to have these men among our subscribers.
EXTRAWm. Brown well known farmer and Pioneer died suddenly at 12:30 P.M. today. Mr. Brown had been improving after an attack of heart trouble last Saturday. He was at the home of his relative H. G. Duncan at the time of his death. The funeral will be held at M. E. Church South Friday at 2 P.M. Rev Talent officiating. --- - George Wallace and wife and Mrs. S. T. Williams arrived Wed. on the Golden State Limited from Pheonix Arizona. George is recovering from an attack of Flu and Pneumonia. - Susan Varney returned home yesterday from a visit at Allerton and Humeston. - E. G. Wright and wife went to Centerville where Lige will consult a physician. --- Quite a commotion was created on North Main Street Monday evening when a small mule team drawing a wagon was seen laboring down the muddy thoroughfare at something less than a two-mile an hour pace. After an investigation by a Tribune writer, our old friend Abe Jordan was recognized just back of the dash board vigorously plying a whip and lustily urging the mules to greater efforts and speed. Seated on a brown leather davenport, was a healthy looking middle-aged woman whom we recognized as Mrs. Jordan. When asked how long they had been on the road, she answered that she was a young woman when they started from home and she wasn't sure whether she would live through the journey to town. We do not know where the most blame should be placed, on the bad roads or Abe's mules, but they both are pretty slow. --- Wayne County Federation of Women's Club, Thursday April 15th, 11 A. M. at United Presbyterian Church, Allerton, IA. Invocation - Mrs. G. I. Winslow. Address of Welcome - Mrs. W. H. Anderson, Response Co. Pres. - Mrs. F. B McConnell. Business Session. Address - "Rural Life" - Mrs. H. Corder. Solo - Helen Grimes.
City Officials Sworn InNew Term Opens with Town Affairs in Good Condition. At the Annual Meeting of the Town Council Monday the former officers, who were re-elected Mar 29th were sworn in for the ensuing term. After G. W. Molleston Treasurer had made his report the financial condition of the town was found to be in the best in years. Over $2500.00 in Banks and due from taxes show that the affairs of the town have been well managed during the past few years. A fact of which the members of the council are all justly proud. The following committees were appointed by Mayor Varney: Streets - H. L. Harris and W. A. Laughlin; Parks - Tony Logan; Purchasing - G. L. Murphey; Glen Hawkins, Light and Power; Cemetery Warden - O. O. Greenlee; Health Officer - I. M. Lovett; Fire Warden - I. A. Greenlee; City Attorney - James Davis. We believe these appointments will all give general satisfaction to the Citizens. Walter Bright is the Assessor and Howard Petty will continue as Clerk. The City officers respectfully ask the aid and co-operation of all citizens to make Lineville a good place to live. ---- Boost and don't knock your town officers. ---
Lovett Cox Back HomeLineville Boy Recovering From Near Fatal Accident in Oklahoma. Lovett Cox son of Mr. and Mrs. Tom Cox who was seriously injured in Picher Oklahoma some two months ago was brought home from a Picker Hospital where he has been confined since an accident which came near being fatal. Lovett who was employed as a lineman for an Electric Company had a narrow escape from death when he was struck down by an Electric shock on the afternoon of Feb. 15th. The accident was caused by low wires and damp ground. For five days following the accident Lovett lay unconscious in a Picker Hospital and was finally restored to conciseness by Dr. Connell one of the best physicians in the country. His father was called to Picher immediately after the accident and remained with his son until he was able to travel. Lovett was afforded the best treatment by the Light and Power Company and is still under compensation from them. While his recovery is slow it is as rapid as could be expected. He is able to get along on crutches and was very glad to back with home folks.
South Lineville Holds ElectionThe Municipal Election was held in our sister city South Lineville Tuesday. Altho fifty votes is the normal number on account of bad weather and an over abundance of widows only a light vote was cast. At time we go to press the result was in doubt on account of a tie vote between P. M. Molleston and John Hinds two councilmen receiving an equal number of votes for fifth place. The councilmen elected are Jimmy Moore, Arnt Hampton, M. C. Lane, Olin Kelly, with Molleston and Hinds tied. Moore carried the high vote receiving all but two votes cast. A meeting will be called soon to settle the tie vote and at the time a mayor will be elected by the Council. J. H. Crees allowed that the tie vote might go to the U. S. Senate along with the Steck Brookhart squabble but was informed by Mayor Lane that Mo. would settle their own elections. Whoever is chosen as fifth man will prove a good choice as both are good men and capable of handling the town affairs. --- It Would Apply to This Community, Too. ---
W. C. T. U. Program at Clio - April 14thSong; Scripture Reading - Mrs. Oliver; Prayer; Welcome - Mrs. Fannie Bettis; Songs. Dept. Talks Quiz Questions; Quartet; Reception of New Members - Mrs. Frances Cravens. Song L. T. L.; Play L. T. L. ---- Among those who are laid up with flu is Uncle Dick Martin. We are glad to report that he is getting along fine.
Three Die in Princeton FireThree little children, the oldest only five years of age, perished in a fire which consumed their home Wednesday night. The children, with their parents, Mr. and Mrs. Oral Orndorff, were sleeping upstairs in a one and one-half story house in the southwest part of Princeton which belonged to Mrs. John U. Campbell. The fire was discovered about midnight, and the first parties to arrive thought the heating stove had fallen down and caused the fire. When discovered the lower part was all in flames and there was no opportunity to get down the stairs. Both parents succeeded in getting out of an upstairs window, but both were severely burned and cut with glass in getting out of the window. The flames had made such headway that it was impossible to get to the little children, the oldest of whom was five and the youngest two months. The remains that could be found were gathered together and taken to the Moss undertaking parlor. The funeral will be held today (Thursday).
Death of Two Lineville LadiesDeath claimed two more pioneers last Monday when Mary Ann Barber passed away at 8 A. M. at her home in the north part of town and Mrs. Naomi Eenor Laughlin passed away at 4 P.M. Monday afternoon at her home in South Lineville. Both ladies were well known here and had spent the greater part of their lives in and near Lineville. Mrs. Barber was 72 years old and Mrs. Laughlin was 82. The Barber funeral was held Tuesday afternoon at the home burial in Evergreen Cemetery Rev. Morg Donalson officiating. The funeral of Mrs. Laughlin was held in the M. E. Church South Wednesday afternoon Rev. Talent officiating and burial at the Laughlin Cemetery south east of town. We will print an obitutary next week.
CLIO LOCALS- On April first Mrs. Geo Souder went over their farm and the snowdrifts were over 4 feet deep. - Ugene Oliver and wife and Ann Amos called at the Geo Souders home Mon. - Nannie Edgeman walked in town through all the large snow drifts. - Jack Lewis was taken to the Parker Hospital at Allerton. The last report he was improving. - J. Duncan and family have rented their house to the new barber and family. - The Buckenalls moved in Aunt Janes house on Main Street. - Jones and Cooks have had fine hatchlings lately. - Grandma Shell has arrived in Clio from the north and is looking fine. - Mrs Ella Cook spent Easter at her sons Pete Cook and family. - Those on the sick list this week are Clell Shriver, Herman Cass and Donald Sharr. -Stella Lane and brother are visiting home Folks. - Mrs. Melva Amos is in the Parker Hospital at Allerton at this time. - Roy Shriver and family of Des Moines are visiting home folks in Clio. - Narva Amos and wife visited with Jim Browning and wife Sat. - Fred Bettis is quite sick with the flu. - Maxine Rogers was a week end visitor in Allerton.
MT. OLIVE- John Wilson spent Sat. night and Sun at Sherman Judds where Allie and children have spent the past week. - Jess Bryan and wife called on Ivan Belvel and wife Sun. - E. J. Wilson, wife and daughter Hazel called at the Francis Corder Sun eve. - Marl Petty and wife who were old resident of this community have moved to Allerton for the coming year. - Gussie McClain and daughter, Gladys called on Jessie McClain one day last week. - Paul Shira and wife called on Geo McCarty's Sun eve. - Effie Johnston visited Sat at E. J. Wilson. - Guy Logan is building a new brooder house. - Geo M. Carty purchased a cow from Jess Bryan. - Mrs. Jake Atkinson is not so well. She is very poorly and is only able to be up part of the time. - Ray Jonston closed a successful term of school at Pleasant Hill Fri treating them on Ice Cream and Cake. - Word was received from Frank Wilson and Alva Sinclair stating they have bought property and plan on making Springfield their future home. - Ruby Cravens has been on the sick list the past week. - Mrs. John Wilson has been under the Dr. care for the past two weeks with throat and lung trouble. She isn't improving very fast.
School Notes- Junior Lovett, Fred Hadle, Wilma Finch, Coral Casey and Isabel Murphy are all absent from Miss Laughlins room. - Enid Baker is absent from the Fifth Grade because of illness. - Bobby Wilson has proved himself the best speller in the Fifth Grade by getting 100 in his daily work in spelling for the last six weeks and also 100 in six weeks examinations. - Serena Ellis of Mercer, was a visitor to the Eighth Grade Tuesday. - Grant Lovett was absent Tuesday morning from the Eighth Grade due to illness. - Mrs. Mildred Kellam, Miss Mildred Bevel, Miss Myra Belvel, Mr. Ward Rockey and Mr. Orlando Kreider were high school visors last Friday afternoon. >HOG CREEK - Mrs. Hada McClain has been on the sick but is better at this time. - Levi Hill has had a bad cold and sore throat. - Francis Corder was a Woodland visitor Sat. - C. A. Bates and wife and Nellie Jorden attended Sunday School at Woodland. - Mr. and Mrs. A. E. Jorden who have been staying at the C. A. Bates home on their farm returned to their home in Lineville Mon. - E. J. Wilson, wife and daughter Hazel visited at the Francis Corder home, Sun. - Homer Lace visited at Doyle Kellers Sun. - C. A. Bates called at Davy Corders Sun.
FAIRVIEW- Helen Robinson is spending a few days in town with her mother. - Evalee Sanders spent last week in Lineville. - Tony Owens and wife spent Sun. at Oscar Hayes. Margaret Booher is visiting her sister Mrs. Alfred Hoskins. - Jack Logan, Mr. Jones and sons went to Clio Saturday to do their trading. - Mr. and Mrs. Joe Shepherd were callers in Lineville Sat. - Mr. and Mrs. Eldon Booher took Sun. dinner at the parental A. T. Booher home.
NEW ZION- Bryan Moore and family spent Sun. at Chester Barnhizer's. - Mrs. Vergil Cox and son Stanley and Miss Orpha Cooper spent Sun at Oscar Hartley's. - Rosamond Barnhizer and Letha Jones visited with Mildred Cox Sun eve. - M. C. Lane spent Sun afternoon with Norman Jones. - Alice Cox and daughter Alta spent Sun. with her mother Mrs. Dirk Bloom. - Maretha Hartley has been visiting with her grandmother Mrs. Etta Swingle. - Maretha Hartley spent Sun at Opal Alley's.
Our Honor RollFollowing are some who have paid during the past few weeks. All names will be published as fast as space will permit each week. We will take of twenty past due subscribers on April 20 to make room for new ones who pay: Grove Summers, Clio; Ova Lane, Clio; Everett Moore, Spencer; Debbie Shannon, Princeton; Oscar Sailors, Hayward, Caliph; Ed Elision, Fowler, Cool; Creed Cravens, Lineville; J. L. Keller, Lineville; R. E. Wood, Lineville; R. E. Rockhold, Lineville; E. W. Casey, Lineville; Bill Zimmerman, Lineville; W. A. Nickell, Lineville; Fred Moore, Allerton,; C. O. Galliger, Allerton; C. H. Trembly, Lineville; Bridget Burns, Lineville; Bryan Shockey, Lineville; Buck Girdner, Lineville; W. E. Dillon, Lineville; O. E. Bay, Lineville; Mrs. D. E. Rittger, St. Paul, Minn; G. W. Swan, Lineville; J. J. Cox, Mercer, Mo; Ed McClain, Lineville; Beecher Crawford, Lineville; Jack Duncan, Lineville; Y. B. Wasson, Lineville; Sam Vandel, Lineville; Frank Barker, Lineville; Mahlon Moore, Osage, Wyo; Al Hubbard, Lineville; B. F. Jones, Lineville; C. A. Tatman, Mercer, Mo; Wm Loveless, Lineville; Cal Casey, Lineville; Fred Greenlee, Ames, Ia; Gilbert Belvel, Idalia, Colo; Bruce Varney, Seymour; Hadley Baker, Mercer, MO; Ben Logan, Lineville; H. D. Byrd, Gallup, N. Mex; Gene Clark, Thornton, Wyo; Carl Moore, Mercer, Mo; Floyd Wilson, Lineville; Oscar Peck, Lineville. [submitter - C.A., August 2003] -----
Lineville Tribune Lineville, Wayne County, Iowa April 22, 1926E. C. Varney, Publisher Local News - Annoucement. Please announce to the republican voters of Wayne County that I will be a candidate for the Republican nomination for Clerk of the District Court subject to the will of the party of the June primary. Mrs. Clara Ingersoll - Ward Rockey was an over Sunday visitor with home folks. - A meeting of the Commercial Club was held at Greenlee's Furniture store last night and plans for Saturday entertainments which start soon were made. - To Close out - Mrs. Elson will close out her entire stock of Millinery goods at Cost for Cash during the next 30 days. Over 500 hats. - George White of Creston motored to Lineville Friday returning Sat. His mother, Mrs. Paralie White accompanied him for a visit. - Mrs. Nellie Murphy motored to Centerville Tuesday. - Gwynn Hawkins of Des Moines was a Lineville business visitor Wednesday. - Mrs. Effie and Miss Lisbeth Lovett visited in Des Moines the first of the week. - Slim Pryor of Corydon, visited here over Sunday. - "Bob" Underberg, new 3rd sacker, looked good, both at bat and afield. - Mrs. Byrd May and son Frank and Mrs. May's mother left Monday for a motor trip to Osceola, Neb. The trip will be made in Franks new Star Coach. - H. L. Rand of Kansas City, was here the first of the week looking after business affairs. - Mesdames Elaine Hawkins, Goldine Brummett, Izola Painter and Zella Varney motored to Des Moines Monday and visited friends and relatives. - Mrs. Ralph Wright of Perry, Ia and Mrs. Irene Belvel of Des Moines were called here Wednesday by the serious illness of their relative E. G. Wright. - The Rand Lumber Company are making extensive improvements at Clio. H. L. Rand of Kansas City is superintending the work. - J. L. Bay was a Kansas City visitor Saturday, driving his car which had been mud bound in the city for two weeks, in home. - Bob Elson and Edgar E. Johnson of Clio were visitors at this office Friday. Mr. Johnson who is out for the nomination of County Superviser at the coming Primaries left an order for some job printing in our office. - Matures 20 pay life policy. Messers C. L. Murphy and G. W. Molleston each matures 20 pay life insurance policies this week. They say it is one way to save, lay away some each year and amounts to something in 10 years, their only regret is that they were not 10,000 policies instead of $1000.00. - Household goods sale. I will have 3 Sales of House Hold goods Saturday afternoon in Lineville. First sale starts at 1 P.M. I will announce sales at 1 P. M. - Col. I. R. Gammill, Auc. Guilty of Stealing Fathers Cattle Charles (Buck) Curtis Is Convicted and Given Two Years in Penitentiary. After 28 Hours Deliberation The case of the State of Missouri vs Charles (Buck) Curtis, charged with grand larency, brought to Princeton on change of venue from Grundy County, was tried by a jury last week and the trial lasting three days, attracted crowds that entirely filled the large court room. Prosecuting Attorney, T. J. Layson of Trenton, was assisted by Prosecutor W. S. Thompson of Mercer county and Geo E. Woodruff of Trenton. Mr. Curtis was represented by Attorney Leslie P. Roberson of Trenton and Judge John F. Powell of Princeton. The case was bitterly contested throughout and given to the jury at 2:10 p.m. Saturday and they returned into court with a verdict about five o'clock Sunday evening. The verdict was "Guilty" and the punishment was assessed at a term of two years in the penitentiary. The cattle, 19 cows and 7 yearlings, belonged to Kin Curtis, father of the defendant and were taken from a pasture about 5 miles from Spickards arriving, at the Spickards stock yards five minutes after midnight on Nov. 24, 1925.A.D. Roberts, a well known stock buyer of Spickards, testified that Charles (Buck) Curtis, Alvin Overton and Frosty Pugh, drove the cattle into the stockyards. Overton and Pugh have same charge against them and Overton's trial also was sent to Princeton on a change of venue from Grundy County and is set for hearing today, April 22. Scout Notes - Joe Duncan, Scribe At the last meeting, everybody practiced the fire drill, basket holding, firemans carry and many other fire acts. For the coming summer the Scouts plan to have a band and a good baseball team. --- - Gail Jacobs of Powersville, was in town yesterday. Gail is just home from a hospital where he underwent an operation for appendicitis. - Don't forget that Saturday is Fish Day at Perkins. Fresh river fish on ice Saturday. - Perkins Cash Grocery. - Miss Hortense Byrd and mother, Mrs. Mary Litton and Mrs. Frona Parr motored to Des Moines one day last week where they visited friends. - The Editor and Lyle Bryan were business visitors in Allerton Tuesday, buying some stock and material at the Allerton News office. They had a most pleasant visit with Mr. Hively, the News publisher. Hively is a fine fellow and Allerton Merchants should give him the best of support, as his only aim is to boost for Allerton. - The Embroidery Club will meet with Mrs. Nellie Greenlee next at the Greenlee home in the north part of town. - J. S. Cranney was a business visitor in Chillicothe, Mo., last week. Sewal Girl Is Suicide Miss Marcia Bettis Takes Own Life in Room at Frasier Hotel. Miss Marcia Bettis of Sewal, Iowa was found dead in her room at the Frasier hotel by a hotel maid shortly afternoon today. A 34 Caliber revolver was still clasped in her right hand and a bullet from the weapon had entered her right temple, causing instant death, according to Police chief B. A. Griffith, who was summoned by hotel authorities Chief Griffith explained the death as a suicide, in the absence of acting Coroner J. H. Cremer. It was learned at the hotel, Mrs. Bettis registered at the hotel Sunday morning, went to her room and according to the hotel attendants was not again seen until the maid cleaned the room shortly after 12 o'clock today. Police Griffith was immediately called and made a through search of the room. According to Chief Griffith no clues were found to indicate a reason for the act. He said that, when found, the girl was lying across, clothed in her night dress and that her street clothing had been carefully folded and packed in her traveling bag. A receipted bill made out to Marcia Bettis was found in the young womans purse. This was the only clue toward identification that was found among her belongings. Constable Ray Campbell called Sewal by telephone, located the parents of the girl and acquainted them with the tragedy. They will arrive tonight to take the body to Sewal for burial. The above was clipped from Ottumwa Courier. The body was brought to Seymour Monday and placed in Ruby's Undertaking Parlor, Funeral Services were held Tuesday afternoon at Pleasant View Church of near Sewal. ---- The local barbers are again regular patrons at the Star Meat Market and they pass the Tribune office each day with a roll of t-bone steak under their arm and a broad smile on their faces. The reason for this change is that the prices for barber work is again back to normal following the recent cut prices, due to a small barber war some weeks back. All is peace and serenity among our tonsorial artists. The prices now charged are fair to both barbers and patrons and generally lower than prices over the country. Hair cut or bobs, 35 cents; shaves 20 cents; tonics 15 to 25 cents. In many towns a hair cut or bob is 50 cents and shaves 25 cents, and in Kansas City a scale of 75 cents for hair cuts and bobs and 35 cents for shaves was recently adopted by the Master Barber Association. There are no tradesmen in town more loyal to Lineville than our barbers and they all spend their money here at home and their patrons are willing and ready to pay them reasonable prices for their work. --- To the Democratic Committeemen and Committeewomen. There will be a caucus of the Democrats of Wayne County held in Corydon, Iowa, on the 23 day of April at 1:30 p.m. The purpose of this caucus is to suggest candidates for the coming Primary election and perfect the Democratic organization. All Democrats are urged to attend this meeting. Also all persons who desire to announce their names for any county office, are requested to be present. W. S. Richard, chairman. Notice In the District Court of Iowa, in and for Wayne County. In the matter of the Receivership of Farmers & Merchants Bank E. E. Calbreath, Receiver. This is to notify all owing the above receivership by overdraft are hereby notified that unless same is paid on or before May 7, 1926 that these accounts will be turned to attorneys of said receivership for collection. - E. E. Callbreath, Receiver Buys Poultry Business A deal was made the first of the week whereby John Hammond veteran produce buyer disposed of his poultry business located 1 block north of the square on Brown street to Tom and Lovett Cox of this place. The Cox Poultry will carry a big add in next weeks Tribune stating the policy and manner in which they expect to conduct their business. Cox and company are experienced produce men having engaged in this business here some 2 years ago. We have not learned what Mr. Hammond intends to do but understand he will still be in the Lineville business field. John has been in business here for over 20 years and has many friends who trust he will continue to make Lineville his home. Married in Chicago We have just received word of the marriage in Chicago last Wednesday of Mr. Leslie R. Andrew, formerly of Leon and Miss Doris Wasson, daughter of Mr. and Mrs. Y. B. Wasson, well known country people living 7 miles northwest of town. The bride is a graduate of Lineville high school and has many friends here. Her parents, Mr. and Mrs. Y. B. Wasson are among our best people, Mr. Wasson being one of the best known road boosters in this part of the state and only recently having completed a term as County Supervisor of Decatur County. The groom is a young man of good family and a graduate of Leon High School. He holds a responsible position in Chicago where the happy couple will make their future home. The marriage ceremony was performed by the pastor of the Ravenwood Baptist church in Chicago. Sets High Priced Eggs Frank Hutchins, well known farmer and poultryman north of town, placed some high priced eggs in the Tallent Hatchery last Tuesday. The eggs, 90 in number, were from St. John's poultry farm at Orange, Mo., and are from pedigreed hens, trap nested with laying records of from 294 to 310 eggs each year. The price paid for the eggs was one dollar each. Mr. Hutchins plans to make his flock one of the blooded laying strains in the state. He has sold more than $6 worth of eggs daily for months and realizes most prosperous returns from his flock of layers. He specializes exclusively in White Leghorns. Junior - Senior Banquet The Junior-Senior banquet was given Friday night, April 16 at May's Hall. The hall was beautifully decorated and the hall with its long tables, lights, and flowers presented an enchanting sight. Miss Howek and Mr. Block were out of town on visits and were greatly missed. A wonderful four-course dinner was served after which toasts were given by Paul Bryan, Earl Dean Loft, Mrs. Duden, Laura Bay, Josephine Robinson, Carleton Austin, Virginia Laughlin and Mr. Rutherford. Sam Davis was a very efficient toastmaster, Mrs. Duden's and Mr. Rutherford's talks were received with great applause. The Chinese motif was carried out, the name of the toast program being "A Trip Through Chinatown." After the program the tables were moved back and the rest of the evening was spent in dancing. Music was furnished by an orchestra composed of Ray Rockey, Duane Lovett, Esther Bay, Lorene Laughlin,
Helen Dailey, Berl Gammilll. A good time was enjoyed by everyone and the banquet was considered a great success. This was due largely to the efforts of Miss Hudgel who is the Junior class sponsor - Carleton Austin. --- - Danny Housten, Omaha lawyer, visited over the week end with his parents, Mr. and Mrs. Rev. Housten of southeast of town. Danny recently returned from several months stay in Florida. Lineville Wins First Game The first of the spring training ball games for the season, was played in Bright's park Sunday with Olin R. Prichard's Princeton, Mo. Club. The result was a top heavy score of 15-4 with the locals counting the 15. Manager Molleston used Frank Griffey, Lineville fast ball pitcher, five innings and "Lefty" McIntosh a recruit for the last four frames. Griffey pitched in mid-season form, allowing only one hit during his stay on the mound, it being a sluggish bunt by the first man up and turned the hurling over to McIntosh at the end of the fifth with the 10-0. "Lefty" did not do so well although he struck out six Princeton batters was nicked for five hits, two of them for two bases in the last two stanzas and at the end of the ninth the count was Lineville 15; Princeton 4. The box score as handed in by M. C. Lane, official score keeper: Lineville AB R H PO A E C. Lane, 2b 2 1 1 1 2 0 Lynn, ss 5 1 3 1 1 0 Underberg, 3b 5 1 1 1 3 0 Atkisson, 1b 6 1 1 11 0 1 Butcher, c 5 2 2 8 4 0 McCoy, rf 4 2 1 2 0 0 Moore, cf 5 1 1 0 0 0 Greenlee, lf 4 3 3 3 1 0 Griffey, p 2 1 0 0 0 0 McIntosh, p 2 1 0 0 0 0 Molleston, 2b 3 1 1 0 2 0 -------------------- Totals 43-15-13-27-13-1 Princeton Pickens, c 4 0 1 5 3 1 Steele,rf 2 1 0 0 0 0 Lowry, 3b 3 1 1 1 1 0 Kauffman, W. 1b 4 0 0 11 0 1 Kauffman, R. 2b 4 1 1 4 3 2 Wilson, ss 2 0 0 0 1 1 Prichard, cf 3 0 1 0 0 0 Overton, p 4 1 2 2 5 2 Dykes, lf 4 0 0 1 0 0 Rushton, rf 2 0 0 0 0 0 --------------------- Totals 32-4-6-24-13-7 Umpires, Luce and McKinney, Time of game 2.15. Notes of the Game: -Mr. and Mrs. D. W. McCoy of Mercer, were on hand to see that son, Worth, perform at top speed and he made several pretty catches in the field for a 1000 average. -"Dock" Durham, one of Mercer's most rabid base ball fans, was in the bleachers long before the game started. Dock certainly enjoys a game. -When Bryan Atkisson lifted the ball out of the park and across the Rock Island tracks for a home run in the third inning, Dee Petty jumped high in the air yelling, "run walloperrun" -Lon Kemp Leon business man was shaking hands with old friends at the game, Lon has never got too old to enjoy a ball game. -Joe Heriford of Princeton, attended the game. -"Ganum," Evans and a carload of Allerton business men, enjoyed the game from Mr. Evans' Sedan, parked back of home plate. -Manaager "Jack" Molleston received a nice, "hand" when he came to bat for the first time in the fifth. He batted for Lane. Buy New Cars Among those who bought new cars during the past week were: Frank May, Star Coach; Guy Painter, Chevrolet Coach and Tom Cox, a Ford touring car. -- - Dr. Harris' mother of Kansas City is here for a visit. - The picture show at the school house was postponed Saturday night when the machine broke down. CLIO LOCALS - Dr. Craven shipped cattle to Chicago Sat. - Merl Owen and family visited at Edd Shells Sun. - Charley Roberson and wife spent Sun eve at the Sherm Sharr home. - Ester Hutchinson, Joe Sharr, and family of Garden Grove visited in Clio Sun. - Narva Amos and wife was Sun. visitors at Carl Caseys. - Jess Colter is having his house painted over. - Jack Lewis is improving some this week. - Irene Duden spent Wed with her friend Bethel Gardner in Clio. - Jim Browning shipped two cars of hogs Fri. - Paul Souders and wife went to Des Moines Fri. - Miles McCarty and wife spent Sun at the Jim Browning home. - Vern Bettis and family took Sun dinner with Ray Shriver and wife. - John Cool and wife celebrated their 50th anniversary on April 14 at their home in Clio. A large crowd gathered and all departed a fine time. - Joe Hemenway and wife have left for Chicago. - Mrs. E. E. Cass returned to her home Monday after being in Allerton two weeks, helping care for Mrs. Francis Brant who passed away Sat eve, April 10th. MT. OLIVE - Little Cloyd McCarty spent Sun with little Wilson Shira. - Jimmie Moore, wife, and son Dean spent Sun at Billie Sinclairs. - Paul Shira and wife called at the E. W. Vinzant home Sun eve. - Jess Bryan and wife visited on Sunday at the Ivan Belvel home. - Everet Vinzant and wife visited Sunday at the Geo McCarty home. - Alf Shira returned from Idaho last week after several months stay with his son in that state. - Bill Tedder, and family have moved on the Jess Bryan place and attend a church at Mr. Olive Sunday. - Miss Blanche Petty visited the week end with Merle Logan. - Mrs Jake Atkinson is much improved after her sickness. - Dave Ally, wife and son attended church at Mt. Olive Sunday. NEW ZION - Frone McLane visited Monday with her sister, Mrs. Will Jones who has been sick. - John Pitser and wife, Eldon Cox and wife spent Sun at Jiles Bloom. - Sefa Goins gave a party for a few of her friends Thurs night all report a nice time. - Virg Cox was in Lineville Sun. - Letha Jones and Ray Goin visited Stanley and Mildred Cox. - Sefa Goin is doing housework for Mrs. Geo Larrison. - Everett McKinney and family visited at Amie Meltons Sun. - Fern Goins and Bessie Cooksey called on Jennie Cox Fri. - Wanda Jessie and Flora Ragan visited with their sister Mrs. Will Glines, Tues. - Hubert Goins visited from Sat until Fri with Stanley Cox. --- In District Court of the State of Iowa, in and for Wayne County. In the Matter of the Estate of Mary A. Barber, Deceased.Notice of Appointment of Administrator. In Probate. To Whom It May Concern: Notice is hereby given that the undersigned - - - - -etc. Dated this 9th day of April, A. D. 1926 (Seal) C. E. Lovett, Administrator of said Estate. FAIR HAVEN NEWS - Theodore Wades were Princeton callers Fri. - Carl Grimes and family visited Sun with Robert Grimes and family near Clio. Fletch Grimes and family and Harold Fry and family were also there. - Mary Wade who has been visiting relatives at Seymour returned home Sat. - Mrs. Clara Bryan and Bernice Wyatt were callers in this neighborhood Mon. - Carl Grimes and family were Lineville callers Sat. eve. - Mrs. Sant Holmes has been real sick the past week but is better now. - Cecil Little was a Princeton caller Sat. - Fletcher and McKinley Foster has been on the sick list the past week. - Wm Reeves was a Ravanna caller Mon. - Happy Hawkins, Jimmy Moore and Ray Wells hauled corn from the Carl Grimes home to Mercer. - George Haggard spent Sun in Mercer. - Mrs. Carl Grimes called on Mrs. Harrison Ramsey Mon afternoon. HOG CREEK - A. C. Bates and wife, parents of Chester Bates came last week from their home at Axtell, Kansas to visit with their son. Driving through in their Dodge car. - Cleve Petty and daughter Dale and son Chad and Mrs. A. O. Petty were Lineville visitors Sat. - A. Perkins and wife visited at the Kenny Marcuson home Sun. - We hear that a car belonging to Jim Adams was stolen in Lineville Sat. night. - A. E. Jordan and wife and daughter, Eulalie Hickman of Princeton visited C. A. Bates home Monday night. - Francis Corder, Elmer Wilson and C. A. Bates butchered, Thurs. afternoon. - Josephine Patton closed a successful term of school at S. Woodland, Fri. Hold Big Sunday Dinner for Mrs Wes Robinson Over 85 neighbors and friends of Mrs. Wes Robinson, pioneer Mercer county woman, gathered in the Odd Fellows hall at Cleopatra last Sunday for a big neighborhood dinner in honor of this estimable woman. The tables were loaded with such good things to eat as these old settlers could produce and to say that occasion was an enjoyable one, would be putting it mildly. The guests were: Mack Cribb and family, John Flater, wife and daughter, Ike Rodgers and wife, Claud Morgan and family, Truman Coker and wife, Jess Robinson and wife, Bill Robinson and wife, Geo. Williams and family, Andy Coker and wife, Walker Humphrey and family, Charlie Moore and family Rolla Kauffman, wife and son, Harrison Cooksey and family, Henry Rushton and family, Cliff Rushton and family, Bill Livick and family, Loss Robinson and family, B. F. Pauley and wife, Bernice Wyatt and son, Fred Robinson and family, Mrs. Clyde Rogers, Jennie Livick, Ella Mae Robinson, Leland Robinson, Alline Snyder, Ralph Baltimore , Earl and Jean Bruner. Must Fence Chickens As many complaints are coming in of chickens over-running gardens and flower beds, chicken owners are warned to fence their fowls as the state laws do not protect them when they run at large. They can be killed and (not eaten) thrown over the fence on the owners premises. Of course no one wishes to quarrel with a neighbor over their chickens nor do they want their gardens or flower beds scratched up. The only fair way is for the chicken owner to build a corral for their birds and retain their neighbors good will. - E. C. Varney, Mayor School Notes - Nell Greenlee is absent from fifth grade because of measles. - Erma Jean Brummett is back to school again after a long illness. - Mr. Rutherford was kind enough to tell the Modern and America History classes some of his experiences during the World War, showing some of the many souveniers he collected while over there. Mr. Rutherford was in the front trenches several months. He thrills his hearers with his actual experiences. - Mr. Rutherford took his General Science class on a field trip out to a saw mill Tuesday afternoon. - Miss Hudgel took her Biology class on a field trip also Tuesday afternoon. - Maxine Molleston was absent from school Friday due to illness. COCKLE BURR RIDGE - Frank Jones and wife, Braxton Jones, wife and daughter spent Fri at Jim Sears. - Nora McClarnon returned home Tues to take exams. - Alma Cross closed a successful term of school at the Garland. The Parents and friends gathered in at noon and served a fine dinner. A program was given in the afternoon. - Velma McDougal who went to the Garland to take the exams spent Wed and Thurs night with Dell Vinzants. - Edna Starks spent Thurs night with her brother Arch. - Ed Yingling spent Thurs night with Steve McDougal. - Those who spent Thurs eve at Mildred Sheilds were, Nova, Carl and Charles McClaran, Edna, Frank and Jesse Starks, Steve, Ora, Viola, Velma and Carl McDougal and Russel Donelson, Violet Shields, Anna Cross, Edd Yingling and Edd Brassfield. - Steve McDongal spent Friday eve with Lester Acton and Edd Yingling. LOGAN CHAPEL - E. W. Vinzant and wife were Corydon visitors on Monday of last week. - Mrs. Alma Logan and White Oak school gave an interesting program at the school house Friday afternoon that was greatly enjoyed by those present, each one of the pupils did their part well. A number of the patrons gathered at the noon hour and a picnic dinner was spread much to the enjoyment of everyone. - V. C. Lovett and family spent Sun at W. E. Masseys. - Earl and Kenneth Drake were Sun visitors with grandpa and Grandma Drake. - Sherman Judds spend Sun at John Pixleys. - Elsie Drake spent Friday night with Aunt Sue Varney. - E. W. Vinzant and wife were Princeton visitors Sat. - Ben Logan and wife called at the Gene Drake home Sun eve. - Rease Logans spent Sun at Edd Barnetts. - We are glad to know Mrs. Atkinson is better. - Mrs. Ruby Logan has over 200 white wyandott chicks, hatched the past week in her incubator. [submitter - C.A., August 2003] ----- The Lineville Tribune Lineville, Wayne County, Iowa April 29, 1926 E. C. Varney, Publisher --- Announcements I hereby announce that I am a candidate on the Democrat ticket or the nomination for Representative in the Congress, Eighth Ia. District, subject to the decision of the Democratic voters at the June 1926 primary election. - William Bradley, Clio, Ia Please announce to the voters of Wayne County that I will be a candidate for the Republican nomination for Sheriff of Wayne County, subject to the will of the party at the June primary. A. A. Brock --- - Howard Petty was a Des Moines caller, Monday. - Mrs. C. E. Lovett and son Duane were Centerville visitors Friday. - Joe Doze, Humeston business man was a Lineville visitor Tuesday. - Bryan Atkinson was a Des Moines visitor Friday. - Sheriff Lord of Corydon was a business visitor here Saturday. - G. W. Molleston, W. M. Kirk, Tony Logan and E. C. Varney were business visitors in Corydon, Fri. - A. Otis White, Lamoni, Iowa furniture Dealer and funeral Director visited his friend O. O. Greenlee, Monday. - Granny Phillips who has been ill for many weeks at her home was out for a ride yesterday in Phillips & Cain Sedan. We are indeed glad to see Mrs. Phillips out again. - Grove Vinzant progressive farmer near town bought a -----Tractor and plows------from Luce auto Co. here last week. Grove is one of the largest corn raiser in this section and plans to plant several hundred acres this year. - The Ball Club management and players wish to thank everyone connected with the Benefit dance in the Opera house Saturday, April 17th. Especially the Willis Orchestra and Dell Rockhold for music and Ike Elsey for calling and Bright & Bryan for the use of their hall. All of these were donated. Famous Ball Team coming May 16th Manager Jack Molleston of the Lineville Ball Club informs us that the opening 1926 game will be played with the famous All Nation teams of Des Moines on Sunday, May 16 in the Lineville Park. The management are preparing to handle a large crowd at this game as the Des Moines Club comprised of Cubans, Americans, Spanish, and Negro players are a great drawing card. A Birthday Surprise Large Crowd of Neighbors and Friends Help Zella Gordon to Celebrate the Occasion April 25 being Miss Zella Gordon's birthday, her sisters -----and Rosa had planned to surprise her by inviting a number of her friends and neighbors. In order to make the surprise a success, the guests to the number of forty met and drove to the home near together. Miss Zella was sure surprised when so many came in with those big baskets of grub. The way the good eats disappeared at the noon hour was beyond estimate. Master Paul Johnson proved to be the champion toastmaster of the crowd. One pleasant feature of the day was when the crowd gathered in groups and had their pictures taken by Mrs.Ottis McCarty. The folks thought not best to lead Davy into the light of the coming event, so when the crowd arrived and Davy looked them over, they began to think from the look on his countenance that they did not look any too good to him, but when his eyes fell on some of the fine young ladies' faces, his countenance changed for the girls knew that the shortest route to Davy's heart is via the stomach and then they began to unload the dinner baskets on the dining table. Davy laid his horseshoes out and said, "Good enough, come again."The following were guests: Everett Massey and family, Mr. and Mrs. W. C. Ross, Homer Lance, Floyd McClain and family, G. O. Johnson and family, John McClain, Oka Johnson and family, Mr. and Mrs. W. M. Allard, Mr. and Mrs. Ottie McCarty, Mrs Susie Woods, Mrs. Mattie Dent, Mr. and Mrs. E. H. Carver, Mrs. Jane Petty and children. ---Contributed. --- - A. Greenlee, who has been quite ill at his home is able to be up town again and is rapidly recovering. - In respect to Mr. Wright all local businesses were closed for the funeral this afternoon. Will Build Cemetery Fence As many people do not know that the south cemetery is a free one, we take this manner of making it known. Being free and on the other side of the state line, no tax money is available and all improvements and work must be donated. The cemetery fence is in bad condition and should be rebuilt and toward that end a fund has been started by Commerce Warden, O. O. Greenlee. The following parties have subscribed to the fund: F. W. Whan, Tom Litton, A. J. Hampton, George Cravens, T. F. Botts, Elvin Hartley, J. P. Hampton, and J. H. Duncan. We will publish another list in our May 13 paper. Those wishing to subscribe can leave their money at the Greenlee furniture store during the next few days. E. G. Wright Passes Away Death Comes After short Illness to Lineville Business Man. E. G. Wright, local Café man passed away at his home here Monday at eleven o'clock after an illness of only a few weeks. While Mr. Wright had not been in good health for some months, the seriousness of his illness was not learned until the last few weeks. Being strong physically all his life, Mr. Wright would not take his illness seriously, thinking that the trouble was on account of being confined closely to his business duties and planning an auto trip when spring opened up. When examined by a local physician some few weeks ago, it was found that his trouble was serious and a trip was made to the Bamford Clinic at ----ville where the local doctors -------of cancer of the liver was confirmed. Everything that medical science --------could do was done, but to --------as the dread disease had done ----work. Mrs. Wright, Mrs. Irene ------daughter of Des Moines, N. W. Wright a son of Perry, Iowa, and a --------Mrs. Susan Varney of this place, were in constant attendance at the bedside during the last days of Mr. Wright's illness. E. G. Wright was a pioneer business man, having engaged here for over twenty years in the Flour Mill business and during the past four years owned and operated the Wright Café, which is famed as an eating place over two states. He was a Member of the Masonic Order of ----and good standing and was a man always ready to give and do for the betterment of Lineville and community. He will be greatly missed in the Lineville business field. The funeral was held today at the M. E. Church, South, Rev. Tallent officiating under the auspices of the Masonic lodge. Internment was in the Evergreen cemetery. --- -Mayor J. E. Scott of Clio, was a Lineville visitor Monday. An Old Will The Will of John Paybody Filed on May 4, 1869. In the name of God Amen. The fourth day of May, the year of our Lord God, 1869, John Paybody of Hot Harpein in the country of Northington, in the parish Thudingsworth in the dyacruise of Lyncine. Syck in body of partyts memory doe make my last wyll and testmete in former following:Fyrst I give and bequette my sole into the hands of Almyghty God hoping by the mercyes of his sonne Jesus Chryste to be saved and may bedey to be buryed within the church yards of all saints. In the dyingworth abosesazed. I firste give unto mye wyff Agnes one heifer and a aker of payes upon the forlong called Loimg Brewse and a halfe aker of wheate upon the lang called Kirke Brewll and a roode of rye and a load of hay. I thene give unto Clement my sonne, my red heifer and my black ffole, my bore and two helyferdton. I give unto dayghter, Agnes the one of my best nealte, the second Panne, the second Poodlore and two of the pewter dishes. The rest of my goods I bequette both movable and unmovable, I give unto my sonne Johnne Paybody my dities and my body brought to the ground whom I doe make and castytute my full executer to see that my last wyll dysccharged. In Witness whereof the said John Paybody have called thys my last will and testemente to be made the day and year above ryten in the persons whos names are there wryten that is to say overseerRichard Crabsome, Edward Dresonne, Witness Robert Vylling gentleman, Thomas Cane, Henry Walace the other. John Paybody born in England, came to New England in 1636. The above article was handed to me by Mrs. J. H. Crees of this place. Mrs. Crees is a direct descendent of the Paybody's. Mrs. Crees says the family can be traced back through the revolutionary war times. Our Honor Roll Following are a few names of new or renewals during the past few weeks: Wayne Drake, Imogene, Ia, New; J. B. Dale, Leon; Cas. Shriver, Clio; Mrs. Maggie Preston, Ontavis, Cal., new; Mrs. J. A. Johnson, Lineville; J. S. Sears, Lineville; Harl Rockhold, Lineville; G. B. Moore, Weldon; Emery Moore, Shenandoah, Ia, new; Wm. Lemons, Lineville; Will Ellis, Mercer, Mo.; Geo. Hamilton, Otumwa, Ia, new; Harry Perkins, Weldon; Otis Desher, Lineville; Maggie McDowel, Lineville; Guy McClain, Kansas City, Mo., new; Porter Moore, Lineville; Ida Drake, Ottumwa; J. E. Snyder, Clio; J. T. Forster, Lineville; Z. Gardner, Lineville; Mrs. Still, Lineville; Harry Nickels, Lineville; Jas Jennings, Lineville; Joe Kauffman, Lineville; Nellie McClain, Lineville; H. H. Massey, Lineville; Kuitch Jones, Kansas City, Mo; P. B. Casey, Lineville; Chas. Puffer, Mercer, Mo., new; C. W. Elson, Corydon; R. H. Elson, East Lake, Colo.; Ray Millemon, Mercer, Mo.; Dave Belford, Mercer, Mo. new; Mrs. S. W. King, Ravenwood, West Virginia; Holly Hutchins, Lineville; Caroline Wilson, Springfield, Mo.; Virge Moore, Mercer; Don Moore, Messelfork, Mo.; Ira Ragan, Mercer, Mo. NEW ZION - Mrs. E. E. McKinney and family spent Sun over near Saline. - Marla Perkins and wife and son J. S. spent Sun with the wife's parents Mr and Mrs. Chester Barnhizier. -Those who spent Sun at Dirk Blooms were -Jesse Moore and family, Eldon Cox and wife and daughter Alta. - Mrs. Bernice Bain and son Herald spent Wed. with her parents, Mr. and Mrs Virgil Cox. - Mildred Cox visited the Cavanaugn school Wed. eve. HOG CREEK - Mr and Mrs Francis Corder were Lineville visitors Sun at the Curren Laughlin home where their son and his wife are down sick with typhoid fever. We hope for their speedy recovery. - David Gorden and sisters were Lineville callers Sat. - Ottie McCarty visited at the parental G. O. Johnson home Sun. - Mr and Mrs A. E. Jorden went to their home in Lineville Sunday and made garden Mon. - Earl Wilson and wife and C. A. Bates attended the Sun school at Mt. Olive. - Plowing for corn seems to be the order of the day in this neighborhood so news is scarce as every one is working. CLIO LOCALS - Willie Woodley and family visited at the Roy Jones home Sun. - Edd Beam and family visited Clio Sun. - Mrs. Ivan Edgeman entertained the country club Wed. night. - Bert Lewis and wife left Wed for their home in Mo. - Jim Browning shipped out hogs this week. - Dock Cravens shipped a load of cattle to Chicago, Sat. - Carl Wyatt is busy as usual, he sold a fine set of harness yesterday. - T. B. Elson has been on the sick list but is improving slowly. - Mrs. G. W. Souders visited Mrs. John Preston, Wed. - C. P. Lathrop and wife have returned from the south where they spent the winter. - Tella Wasson called on Mrs. E. Johnson. - Jim Holder and wife spent Sun at the Geo Sharr home. - Jack Duncan and wife visited in Garden Grove Sun. - Bill Toliver and wife are proud parents of a baby girl. - The W. C. T. U. met with Mrs Iva Fry Wed. - Mrs. J. M. Souders took dinner Tues at the G. Souder home. LOGAN CHAPEL - Bro Talent will preach at White Oak school house next Sunday at 2:30 and we hope to have a good crowd to hear. Everyone is invited. - Mrs. Alma Logan closed another very successful term of school at white Oak last Wed. making her third term which shows that the patrons are well pleased with her work. The following pupils have graduated from her; Kathleen and Margaret Booher, Kattie Haden, Kenneth Drake, Eli and Joe Girdner. - Rease Logan and family enjoyed the day last Sunday at Nannie Vaughns. - I. C. Knight and wife are rejoicing over the arrival of a little daughter born on Monday April 26. - Gwynn Hawkins of Des Moines, Effie Lovett and mother, Mrs. Elizabeth Hawkins took dinner with Rena Logan on Wednesday of last week. - The Odd Fellows banquet given at the hall last Thursday night was well attended and the program was good. - We are in receipt of a long letter from Mrs. A. P. Sinclair of Springfield Mo. and are glad to know all are well. (carried over from last week) Dr. and Mrs. H. L. Harris, Miss Dolores Laughlin and Clair Lovett attended a dance at Leon Monday night put on in the K-P Hall by Mr. and Mrs. Oral Estes of that city. At that time Mr. and Mrs. Estes announced the engagement of their daughter Fern D. Estes to Mr. John D. Grant. Over 100 guests were present, many from Osceola, Des Moines, Garden Grove, Lineville and other towns. A seven piece Orchestra from Des Moines furnished the music. Delightful refreshments were served and the evening was spent in dancing. A wonderful time was reported by the guests. --- - Otis Deisher was a Kansas City visitor Tues. - Mrs. S. E. Painter's daughters Helen and Ruth of Kansas City visited here over the week end. - Jack Lewis of Clio who has been seriously ill is improving rapidly. - Mrs. Lizie Duncan who has been confined to her house for some weeks with rheumatism is reported as improving. - Little Nell Greenlee daughter of Mr. and Mrs. O. O. Greenlee who has been seriously ill with locked bowel is better now. FAIRVIEW - Evalee Saunders spent a few days in Lineville last week. - Mrs. Mary Madden returned to her home in Lineville Sunday after spending a few days with Helen Robinson. - Maragret Booher finished her work at Wallaces and returned home. - Mrs. Charlie Sears called at the Perry Hinds home one day last week. - Sarah Kaufffman has been sick but is better now. - Joe Shepherd and wife were Lineville callers Sat. - Bob Saunders and daughter and son were callers at Joe Sheperds Sat night. - Zonell and Wayne Saunders called at the Eldon Booher home Tues. Morning. COCKLE BURR RIDGE - Edd Yingling and Irl Donelson spent Tues evening at Ulric McKinney's. - Russel Donelson spent a few days of last week at Winnie Actons. - Manis McDougal, wife and son Gerald and Adris McDougal motored down from Osceola, Ia. Sat evening and returned home Sun. Evening. - Andy McDougal and daughters Ora and Violet called at Minerva Donelsons Wed. - Minerva and Porter Donelson spent Tues evening at Loyd Ragans. - Edd Yingling has been staying at Porter Donelsons this week helping at the sawmill. - Steve McDougal spent Sat nite at Ulric McKinney's. Ran Williams has been hauling his corn from Joe Williams. - Ruby Cox and little son and Edna Starks visited at Loyd Ragans Wed. - Violet Shields has been visiting at Milard Shields part of this week. Mt. OLIVE - Sunday School was organized Sunday. Not very many present, but we hope more will take interest in Sunday school and appear next Sun at 10 o'clock. - Thelma Bryan spent week end with homefolks. - Billie Sinclair visited at the home of his mother Sun. - Earl Wilson and wife visited Sun at Chester Bates. - Francis Corder and wife called on their son at Lineville Sun eve who is reported some better with typhoid fever. - Several from this community attended the Lodge Thurs night. A good crowd was present, dainty refreshments were served and a fine time reported. - John Wilson and family visited Sun at the parental home, Elmer Wilson's. - Jamie Wood and wife were callers at the E. J. Wilson home Sun. - Will Warnock and family were Lineville callers Tues. - Mrs. Ray Johnson has a fine new brooder house for her small chicks. - E. J. Wilson shipped 3 loads of hogs one day last week averaging 340 pounds. - Mrs. Alma Logan closed a successful term of school last Wed at the White Oak schoolhouse. - Mr. and Mrs. Warren Hubble motored up from Trenton last week and called at the Paul Shira home. - Ed McClain has 3 teams in his field plowing for corn. [submitter - C.A., August 2003] Iowa Old Press Home
Supreme Court of Iowa.·228 Iowa 880 (Iowa 1940)SWAN V. DAILEY-LUCE AUTO CO C.E. SWAN, APPELLEE; ELEANOR ELSON, ADMINISTRATRIX, APPELLEE, V. DAILEY-LUCE AUTO COMPANY ET AL., APPELLANTS. NO. 45171. SUPREME COURT OF IOWA. AUGUST 6, 1940. MOTOR VEHICLES: Pedestrian crossing lighted intersection — jury 1 question. A jury question of contributory negligence was presented by evidence that the plaintiff looked up and down the street before crossing at a lighted intersection and when he was within one step of the opposite curb was struck by the defendant's automobile which had just crossed the intersection which it had approached with an unobstructed view at a speed of 20 or 25 miles an hour. MOTOR VEHICLES: Striking pedestrian after crossing lighted intersection — jury question. *881881 MOTOR VEHICLES: Quoting speed statute — assured clear distance — failure to divide statute. MOTOR VEHICLES: Legal excuse — assured clear distance — emergency not fault of defendant. APPEAL FROM WAYNE DISTRICT COURT. — GEO. A. JOHNSTON, JUDGE. ACTION TO RECOVER DAMAGES FOR INJURIES CAUSED BY BEING STRUCK BY AN AUTOMOBILE ON MARCH 29, 1933. TRIAL TO JURY AND VERDICT FOR PLAINTIFF. DEFENDANTS APPEAL. — AFFIRMED. Murrow Miles and W.H. Tedrow, for appellants. Garrett Elson, for appellees. HALE, J. This is the third appeal in this case. The two former appeals are Swan v. Dailey-Luce Auto Co., 221 Iowa 842, 265 N.W. 143, and Swan v. Dailey-Luce Auto Co., 225 Iowa 89, 277 N.W. 580. Verdict was for plaintiff. From *882882 judgment thereon and from ruling of the court overruling defendants' motion for new trial and exceptions to instructions, defendants appeal. The facts are set out in the opinions in the former appeals, and the testimony was substantially the same at all the trials in the district court. In substance the facts are as given in this case as reported in 225 Iowa 89, 277 N.W. 580. The plaintiff in the former appeals, now deceased, a man over 77 years old, at about 10 p.m. on March 29, 1933, had walked to the street corner for the purpose of crossing to the west side of the street on which is located Highway No. 65. Before crossing he stopped on the edge of the street, under the glare of the floodlights of a filling station south of where he stood, and looked up and down the street. Seeing no car approaching, as he testified, he started rapidly across the street, 50 feet in width. The crossing at this place had two cement ends, at the east and west sides, which stopped at the shale covering the traveled way. He continued over the street without looking up, and when within one step of the opposite, or west, side was struck by defendants' automobile, which was approaching the crossing from the north at 20 or 25 miles an hour, and was traveling on the extreme west side of the street. The defendants' driver saw plaintiff standing on the edge of the street when 180 feet away. The view was unobstructed. Plaintiffs in their petition alleged various grounds of negligence, of which only three were submitted to the jury: (1) Failure to have the defendants' car under control; (2) failure to keep a proper lookout; and (3) that "he drove and operated said automobile at a speed greater than permitted him to bring it to a stop within the assured clear distance ahead." On the trial no testimony was offered by the defendants. At the close of the testimony the court overruled defendants' motion for directed verdict. Verdict was returned for plaintiff as above stated.  I. The defendants' first assignment of error is that the court erred in overruling defendants' motion for a directed *883883 verdict on the ground that plaintiff had failed to show himself free from contributory negligence, and that the entire record showed that the plaintiff was guilty of contributory negligence as a matter of law. Defendants in support of their contention cite a large number of authorities as to general rules governing contributory negligence, and with which we agree — among them the general rule as to contributing in any way or in any degree, burden of proof, the voluntary placing of oneself in a position of danger, the scintilla rule, the rule as to when contributory negligence becomes a matter of law, and other well-known rules. But the difficulty is in the application of these rules to the record. Defendants cite as sustaining their argument as to facts, among others, Lindloff v. Duecker, 217 Iowa 326, 331, 251 N.W. 698, 701, and Nyswander v. Gonser, 218 Iowa 136, 253 N.W. 829. An examination of the cases cited by defendants will show a different state of facts. Under a record practically identical with that of the present case, the holding of this court on the former appeal (225 Iowa 89, 277 N.W. 580) was that a jury question was presented as to contributory negligence. Defendants insist, however, that the facts of that opinion do not square with the record. This was brought to the attention of the court in the former appeal by a petition for rehearing. On the submission of this petition, a supplemental opinion by the court was entered, some correction made in the statement of facts, and the petition overruled. The differences between the record here and that stated in the opinion in the former case are very slight, such as the position of the witness Guinn Hedrick. The present record as to the testimony of three witnesses, Hedrick, Mills, and the plaintiff C.E. Swan, is identical in every respect with that given in the case reversed on the second appeal, having in this case been read from a transcript of former testimony, either on the first or second trial. A careful examination of the records in the various cases discloses no substantial variation. Under such a condition of the record we can do no more than hold, as was done on the former submission, that the question of contributory negligence was *884884 for the jury. See Swan v. Dailey-Luce Auto Co., 225 Iowa 89, 277 N.W. 580. Such ruling on appeal under the record is determinative of the question here. See Goben v. Des Moines Asphalt Pav. Co.,218 Iowa 829, 252 N.W. 262; White v. McVicker, 219 Iowa 834, 836, 259 N.W. 465, 466; Reimer v. Musel, 220 Iowa 1095, 264 N.W. 47; Spaulding v. Miller, 220 Iowa 1107, 264 N.W. 8; Blakely v. Cabelka, 207 Iowa 959, 221 N.W. 451; Pease v. Citizens State Bank, 210 Iowa 331, 228 N.W. 83; Doyle v. Jennings, 210 Iowa 853, 229 N.W. 853. We are satisfied that our former holding constituted the law of the case, and that the court was not in error in submitting the question of plaintiff's contributory negligence to the jury.  II. Defendants claim that it was error for the court to submit to the jury the question of assured clear distance ahead. This question was determined in the two former appeals. In the second appeal we said (225 Iowa 89, 92, 277 N.W. 580, 582): "That this was a jury question was determined upon the former appeal of this case, wherein we said: `Under the assured clear distance statute involved in this action, it was the court's duty, under the circumstances disclosed by the evidence in this case, to have instructed the jury that, if the defendant failed to drive his car at such a speed as to enable him to bring it to a stop within the assured clear distance ahead, then the defendant was guilty of negligence as a matter of law, unless he showed a legal excuse for not complying therewith, in accordance with the meaning of "legal excuse" as hereinabove referred to.'" Under the same, or practically the same, state of facts, we must hold that the law announced on the former appeals continues to be the law of the case for subsequent trials. See Goben v. Des Moines Asphalt Pav. Co., supra, and other cases above cited. However, in relation to the statute as to assured clear distance ahead, we call attention to the recent opinions in Janes v. Roach, 228 Iowa 129, 290 N.W. 87, and Remer v. *885885 Takin Bros. Freight Lines, 227 Iowa 903, 908, 289 N.W. 477, 480, and cases cited. The court, under the record, did not err in submitting the third ground of negligence.  III. The defendants complain of the giving of instruction No. 12, wherein the court quoted part of the statute, section 5029, Code of 1931, as follows: "Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and of any other conditions then existing, and no person shall drive any vehicle upon a highway at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead. * * *." Defendants insist that even if the court did not err in submitting the question of assured clear distance ahead it erred in the manner of submission in that it failed to divide the part of the statute quoted into two parts and instruct on the first half thereof. Under the familiar rule that instructions are to be read as a whole, the jury could not fail to know that the part of the statute referred to and as to which the defendants were claimed to be negligent was that which referred to the duty to stop within the assured clear distance ahead. Such was the third ground of negligence submitted in instruction No. 5, and with the two other grounds was referred to as the only grounds. Also in the first part of the instruction complained of the court specifically pointed out what plaintiff's claim was, as it did in defining the term "assured clear distance ahead" in the last part of the instruction. We do not think the jury was in any way misled or could fail to understand just what was plaintiff's claimed ground of negligence, in view of the whole instruction and other instructions given. IV. Instruction No. 13, following No. 12, in which the court refers to legal excuse which would excuse the failure to stop within the assured clear distance ahead, informs the jury that an emergency not of defendants' own making will *886886 constitute such legal excuse, under the rule given in Kisling v. Thierman, 214 Iowa 911, 916, 243 N.W. 552, 554, and adhered to in our subsequent decisions. That the emergency must not arise from the fault of defendant, must not be of his own creation, we think is fully established as the rule, and this seems to be the general purport of the instruction. We see no merit in the contention that the burden is cast upon defendants. We do not find it necessary to rule upon plaintiff's objection that defendants throughout their brief and argument have failed to comply with Rule 30. Our holding, on the assignments submitted and argued, must be that we find no error requiring reversal, and the case is therefore affirmed. — Affirmed. CHIEF JUSTICE and all JUSTICES concur.
Supreme Court of Iowa.·225 Iowa 89 (Iowa 1938)SWAN V. DAILEY-LUCE AUTO CO C.E. SWAN, APPELLANT, V. DAILEY-LUCE AUTO COMPANY ET AL., APPELLEES. NO. 44242. SUPREME COURT OF IOWA. FEBRUARY 8, 1938. SUPPLEMENTAL OPINION ON PETITION FOR REHEARING AND REHEARING DENIED, SEPTEMBER 30, 1938. MOTOR VEHICLES: Proper lookout for pedestrian — jury question. 1, 3 After motorist had seen pedestrian 180 feet away standing on the curb and when pedestrian had almost reached the opposite side of the street before being struck by the motor vehicle, which meanwhile had traveled the 180 feet, during which time pedestrian was plainly visible, and when motorist claims he did not again see pedestrian until just before striking him, the evidence raises a jury question as to whether motorist kept proper lookout, and directing a verdict is improper. MOTOR VEHICLES: Pedestrians — assured clear distance — legal excuse — jury question. MOTOR VEHICLES: Pedestrian crossing street — duties — contributory negligence — jury question. both *9090 APPEAL FROM WAYNE DISTRICT COURT. — HOMER A. FULLER, JUDGE. ACTION TO RECOVER DAMAGES AS A RESULT OF BEING STRUCK BY DEFENDANTS' AUTOMOBILE WHILE PLAINTIFF WAS CROSSING THE PRINCIPAL STREET IN THE TOWN OF LINEVILLE, IOWA, ON THE NIGHT OF MARCH 29, 1933. THE COURT DIRECTED A VERDICT FOR DEFENDANTS. FROM A JUDGMENT ENTERED THEREON, PLAINTIFF APPEALS. — REVERSED. Garrett Elson, for appellant. Murrow Miles and W.H. Tedrow, for appellees. KINTZINGER, J. This is the second appeal of this case; the first is reported in Swan v. Dailey-Luce Auto Company, 221 Iowa 842, 265 N.W. 143. As the facts in this case are substantially identical with those involved in the case on the former appeal, we will not enter into an extended review thereof here, but for a further review thereof will refer to the facts set out therein. At the close of plaintiff's evidence, defendants filed a motion for a directed verdict upon the following grounds: (1) That plaintiff has failed to establish any negligence on the part of defendants' driver; and (2) that he has failed to show himself free from contributory negligence. Plaintiff, a man over seventy-seven years of age, had just left a movie theatre at about 10 o'clock p.m., on March 29, 1933, and walked to the street corner for the purpose of crossing the street. Before crossing, he stopped on the edge of the street under the glare of the flood lights of a filling station and looked up and down the street; he saw no car approaching from either direction and then started to walk across a 50-foot street. When he reached the center of the crossing, he continued the balance *9191 of the way on a "dogtrot" without looking up. He came within one step of reaching the opposite side of the street when he was struck by defendants' automobile approaching the crossing from the north at a speed of about 20 or 25 miles an hour. At the time of the collision defendants' car was traveling on the extreme right or west side of Brown street, also called highway No. 65. This highway comes to a fork in the road at about the place where plaintiff stood when he looked north. The record shows without dispute that the defendants' driver, as he approached the crossing from the north, saw plaintiff standing on the east edge of the road 180 feet away by the lights at the filling station. The record also shows that defendants' driver had a clear view of the entire crossing while plaintiff was crossing the street. I. Appellant contends that the court erred in holding there was not sufficient evidence to submit the question of defendants' negligence to the jury. Among the acts of negligence alleged are the following: (1) That defendants' driver failed to have his car under control and failed to reduce the speed thereof so that the same could be stopped within the assured clear distance ahead; and (2) that he failed to keep a proper lookout for pedestrians who might be traveling on said highway. Defendants' driver admits that he saw plaintiff standing on the east side of the crossing when he was 180 feet away. He then says he did not see him again until he suddenly "popped up" in front of him on the crossing. Another witness who was standing on the sidewalk was as far, if not farther away, from plaintiff than defendants' car, and he saw the plaintiff traveling across the street from the time he left the east side until he was struck on the west side of the street.  Defendants' driver does not explain his failure to see plaintiff walking across the street, although he contends that plaintiff must have seen him. There were no obstructions whatever between the crossing and defendants' car from the time he first saw the plaintiff 180 feet away and the time he struck him. Therefore, if plaintiff could have seen defendants' car, it is obvious that the defendants' driver could also have seen the plaintiff. There was a statutory duty on the part of defendants' driver to look for pedestrians on the street. If he did not see *9292 plaintiff as he was crossing the street, he could not have looked, and this specific act of negligence was surely one for the jury. The statute, Code 1935, section 5029, also required defendants' driver to drive his car at a speed not greater than would permit him to bring it to a stop within the assured clear distance ahead. If the driver of defendants' car first saw the plaintiff 180 feet away when the plaintiff started to cross the street, it was his duty to reduce the speed of his car to such a rate that it could be stopped within the assured clear distance ahead. He attempts to avoid his duty under this statute by making the bald statement that he did not see plaintiff while he was crossing the street until he "popped up" in front of him just as the collision occurred. In order to do this, the jury might have found that it was impossible for defendants' driver not to have seen him again, unless this old man leaped clear across the street so quickly that defendant was unable to see him while so doing. The undisputed evidence shows that the entire crossing could be seen for a distance of 180 feet by the driver of an automobile traveling upon the westerly side of the center line of highway No. 65. When defendants' driver was 180 feet north of the crossing, he saw plaintiff standing under the lights of a filling station at a point about 50 feet from the west side of the street. The evidence tends to show that at about the time defendants' driver saw plaintiff on the crossing 180 feet away the plaintiff started to walk westerly across the street, and that, when he reached a point about one step from the west side of the street, he was struck by defendants' car. There is nothing in the record showing any obstructions in the roadway interfering with defendants' view of plaintiff while the latter was crossing the street.  Without discussing the matter in further detail, it is our conclusion that it was for the jury to say whether or not defendants' driver has shown a legal excuse for not stopping his car within the assured clear distance as required by statute. That this was a jury question was determined upon the former appeal of this case, wherein we said: "Under the assured clear distance statute involved in this action, it was the court's duty, under the circumstances disclosed by the evidence in this case, to have instructed the jury *9393 that, if the defendant failed to drive his car at such a speed as to enable him to bring it to a stop within the assured clear distance ahead, then the defendant was guilty of negligence as a matter of law, unless he showed a legal excuse for not complying therewith, in accordance with the meaning of `legal excuse' as hereinabove referred to." The court erred in failing to submit this question to the jury.  (2) Under the record in this case the question of the negligence of defendants' driver in failing to keep a proper lookout for plaintiff as he was crossing the street was also for the jury.  II. Appellant also contends that the court erred in failing to submit to the jury the question of plaintiff's freedom from contributory negligence. The undisputed testimony shows that the plaintiff, before starting across the street, looked both up and down the street and saw no automobile approaching from the north. He then stepped off the sidewalk, walked to the center of the crossing, and then continued on a "dogtrot" across the rest of the street. Plaintiff positively testifies that when he looked north he did not see the approaching car, but defendants contend that under the physical facts he must have seen it. Plaintiff at the time he looked north was standing in the glare of the lights at the filling station. He testified that: "If there had been a car within the lighted area around this station I think I could have seen it. * * * When I was looking up north it was dark up there except for those street lights. * * * I couldn't tell just how far I could have seen that night. It was a cloudy night. It was light where I was standing when I stopped to look. Away from those lights it was dark. There wasn't any car that I saw in the area lighted by the lights from the filling station." Upon the ruling on a motion for a directed verdict, the evidence should be considered in the light most favorable to appellant. Lorimer v. Hutchinson Ice Cream Co., 216 Iowa 384,249 N.W. 220; Albright v. Chicago, R.I. P. Ry. Co., 200 Iowa 678,205 N.W. 462; Middleton v. Omaha C.B. St. R. Co., 209 Iowa 1278,227 N.W. 915; Robertson v. Carlgren, 211 Iowa 963, *9494234 N.W. 824; Holderman v. Witmer, 166 Iowa 406, 147 N.W. 926. Plaintiff was standing in a very brightly lighted area looking out into the darkness on a cloudy night; he did not see defendants' car approaching from the north. Under such circumstances it was peculiarly a question for the jury to say whether or not he, in the exercise of ordinary care, could have seen the defendants' car approaching from the north. It may also be said that although he could have seen a car approaching from the north at a distance of 180 feet away, it can hardly be said as a matter of law that he, as a reasonably prudent person, had no right to believe he could get across the street in safety with a car that far away. It cannot be said that a pedestrian is, as a matter of law, guilty of contributory negligence simply because he saw or could have seen a car approaching 180 feet away. The plaintiff covered half the distance across the street without any trouble, and then started on a "dogtrot" over the rest of it. The evidence also shows that he almost made the entire crossing and reached to within one step of the opposite side of the street. Under such circumstances the jury might have found that he had a right to assume that he could get across the street in safety. A person crossing a street is not required to anticipate negligence on the part of another, but is justified in assuming that the other will not violate the law. 45 C.J. 954; Townsend v. Armstrong, 220 Iowa 396, 260 N.W. 17; Hanson v. Manning, 213 Iowa 625,239 N.W. 793; Shields v. Holtorf, 199 Iowa 37, 201 N.W. 63; Pixler v. Clemens, 195 Iowa 529, 191 N.W. 375; Hartman v. Red Ball Transportation Co., 211 Iowa 64, 233 N.W. 23. Plaintiff was not required to keep a constant lookout for approaching cars from both directions. This is self-evident because he cannot look both ways at the same time. A pedestrian is only required to exercise ordinary care and whether he did so is ordinarily a question for the jury. Wine v. Jones, 183 Iowa 1166,162 N.W. 196, 168 N.W. 318; Spiker v. City of Ottumwa,193 Iowa 844, 186 N.W. 465; Smith v. Spirek, 196 Iowa 1328,195 N.W. 736; Read v. Reppert, 194 Iowa 620, 190 N.W. 32; 42 C.J. 1152. In an almost identical case filed at this sitting of the court we held that the question of contributory negligence *9595 was for the jury. McCormick v. Kennedy, 224 Iowa 983,277 N.W. 576. In Read v. Reppert, 194 Iowa 620, loc. cit. 627, 190 N.W. 32,35, we said: "* * * plaintiff said that she did not see the Ford coming. According to the testimony of Brooks and Boldrick, she should have seen the lights of the Ford car on alighting from the Hudson car and looking to the west. But we think it was for the jury to determine whether failure by her to look again before she started south across the street was such want of care as to bar recovery, together with other facts and circumstances shown in evidence. The rule of ordinary care did not impose upon plaintiff the burden of being constantly on the lookout, to see if her path was free from danger. In Wine v. Jones, 183 Iowa 1166, 162 N.W. 196, 168 N.W. 318, we said: `A pedestrian is not bound to constantly keep a lookout for approaching vehicles.'" If the evidence tends to show that a pedestrian may reasonably expect to get across the street in safety, he is not, as a matter of law, required to wait for all approaching vehicles from both directions before attempting to cross. The evidence tends to show that defendants' car, as it approached the crossing, was not in the center of the space between the middle of the road and the west side, and that if it had been, plaintiff would not have been struck, because he was so close to the west side of the street when struck that, if the car had been traveling near the center of the street, it would have passed by without striking him. Under the facts, the jury might have found that, if defendants' car had been traveling on the center portion of the road, plaintiff would have been in a place of safety. Many of the considerations applicable to this class of cases are set out in a quotation from O'Dowd v. Newnham,13 Ga. App. 220, 80 S.E. 36, in McCormick v. Kennedy, supra, and will bear repeating here: "The pedestrian, like the driver of an automobile, in the exercise of ordinary care for his own safety and for the safety of others, is required to anticipate the presence of persons and vehicles upon the highway. But it cannot be said that the duty *9696 which is upon the pedestrian is as urgent as that devolving upon the driver of an automobile, for the foot passenger's action or inaction in the premises is far less important to the other users of the highway. The impact of the body of a pedestrian absorbed in his own meditations, upon a passer-by, might be measurably uncomfortable, but it would seldom be hazardous to either life or limb; whereas the impact of an automobile in motion while the driver is asleep might cause as certain death as if the injured person had been wilfully pursued and wantonly crushed. The pedestrian and the automobile have equal rights upon the highway, but their capacity for inflicting injury is vastly disproportioned. It follows, also, from this, that the driver of an automobile cannot be said to be using the highway within his rights, or to be in the exercise of due care, if he takes advantage of the force, weight, and power of his machine as a means of compelling pedestrians to yield to his machine superior rights upon the public highway, designed for the use of all members of the public upon equal terms. Instances are almost a matter of daily occurrence where apparently the drivers of automobiles operate their machines as if they have been granted a right of way over the public highways, and as if it is nothing more than the duty of the pedestrian to yield precedence to the automobile and to stop and wait until the automobile has passed before attempting to proceed in crossing a street or otherwise using the highway. If there is anything in the argument of priority, man was created before the automobile, and, to paraphrase a quotation from Holy Writ, man was not created for the automobile, but the automobile was created for man. Generally, the natural instinct of self-preservation will inspire in the pedestrian a due degree of caution for his own safety, when he is aware of the approach of an automobile, and this the law will require him to exercise. * * * While, therefore, the law requires that a pedestrian and the driver of an automobile shall each anticipate the presence of the other upon the public highways, and that neither shall do any act likely to jeopardize the safety of the other, still, on account of the great disparity in their respective capacities to inflict injury, the exercise of ordinary diligence on the part of the pedestrian to look out for automobiles does not necessarily require as continuous caution as is requisite to enable an automobilist to fulfil the definition `ordinary diligence' as applied to *9797 one having in his charge a dangerous and death-dealing instrumentality." We realize this presents a troublesome question, but the question of contributory negligence is ordinarily one for the jury. Altfilisch v. Wessel, 208 Iowa 361, 225 N.W. 862; Robertson v. Carlgren, 211 Iowa 963, 234 N.W. 824; Lorimer v. Hutchinson Ice Cream Co., 216 Iowa 384, 249 N.W. 220. It is our conclusion, without discussing it further, that the questions of negligence and contributory negligence under the evidence in this case were questions of fact for the jury. Appellees' motion to dismiss the appeal is overruled. For the reasons hereinabove set out, we are constrained to hold that the court erred in failing to submit these questions to the jury. The judgment of the lower court is therefore hereby reversed. — Reversed. STIGER, C.J., and ANDERSON, DONEGAN, SAGER, and MILLER, JJ., concur. SUPPLEMENTAL OPINION. PER CURIAM. The petition for rehearing is overruled with the following supplement: Appellees contend that we misconstrued the record in assuming that appellant walked half way across the street before he started on a "dogtrot". One of the witnesses said:
"After I first saw Mr. Swan I noticed him stop there and didn't pay any more attention to him. * * * The second time I looked at him * * * Mr. Swan was in the neighborhood of the middle of the street, in a dogtrot." Assuming, however, that he started on a dogtrot immediately, we think it immaterial when he commenced to trot because the record shows that before he started across the street he looked both ways and saw nothing. The appellant said: "When I stood there and I looked up and down the street I did not see an automobile anywhere. * * * It was light there at that time because the filling station had a row of lights all around it and there was a street light there. I was practically under the street light. I was within the large circle of lights made by the filling station. When I looked up north and south *9898 * * * to see if there was anything coming I saw nothing. If there had been a car within the lighted area around this station, I think I would have seen it." According to some of the evidence appellees' car at that time was about 180 feet away. Appellant was an old man. It was a dark and cloudy night. Therefore, if we assume that he started across the entire street on a dogtrot, it would not affect the result, because the record shows that he came within one step of the opposite side of the street before he was struck.  We cannot say as a matter of law that an old man, on a dark and cloudy night, after looking up and down the street and seeing no automobiles in sight, was guilty of contributory negligence simply because he proceeded across faster than a walk. ContactFeaturesTermsPrivacyAboutJobsPressStudents © 2015 Casete