Joe Gorrell Is Sued - Part II

I reported on some newspaper articles that described the awarding of $5000 to Fred O. Banks due to the death of his wife when his automobile collided with the Empire Electric Company's truck driven by Joe Gorrell.

I inquired with both the civil court clerk and the court archives office. I heard from the archives first, who found loose paper packets about the trial, but they were in delicate condition. The volunteer tried to make some scans for me, but the images are scattered and I have not yet figured out the order of things.

Weeks later, I heard from the clerk of the court, who sent a pdf file from pages of the minute book about the court case. Unfortunately, he/she did not record a complete citation. Here, I can determine more about what happened.

The trial was held in Jasper County Circuit Court, Division 1 starting on October 18, 1926. This was case no. 34005, Fred O. Banks vs. Empire District Electric Co. and Joe Gorrell. The judge was S.W. Bates. Mr. Banks' attorney was J.D. Harris and Haywood Scott and CC Spencer were the attorneys for the defendants. Also listed were the twelve "good and lawful men resident citizens of Jasper County." These men were: (1) V J Weng, (2) Guy Sesler, (3) E S Ferguson, (4) Ebel Dale, (5) Gilbert Wild, (6) W Dote Hall, (7) C M Keith, (8) R Sherman, (9) H A Staffer, (10) C W Sours, (11) H B Kilpatrick, and (12) L E Smith.

A portion of the trial was held that day and continued at 9 o'clock the next day. The jury heard the remainder of the evidence and then considered their verdict. They returned the verdict:

"We the jury find the issues for the Plaintiff and against both Defendants and assess plaintiffs

damages at $5000.00 One thousand Dollars." The names of the jury followed.

Showing the verdict of the court case of Fred O. Banks vs. Empire District Electric Co & Joe Gorrell

In November, the Defendants filed their bill of exception and requested a new trial and their request was overruled.

Next they filed for an appeal and it was deemed sufficient. The Appeal was granted to the Springfield Court of Appeals. They had to pay an appeal bond in the sum of $10,300.00.

My next step is to obtain the court records for this new trial with the Appeals Court. I have sent an email to the Missouri State Archives for the records.

However, from the handwritten notes on the side of the ledger of the original judgment (see above image), has the words "For value received I hereby acknowledge satisfaction in full of the within judgment this day 9 June 1928 [date is difficult to read], Fred O Banks by J S Harris, his attorney of record." It appears that the electric company and Joe Gorrell lost the appeal.

A check of the Springfield newspapers revealed an article about the verdict.

So Fred Banks received the settlement money in 1928. I wonder how this affected Joe Gorrell's employment with the company.

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