Another Damage Suit In Stimulation Case: Sum Sought as Aftermath of Undely Incident at 78,500, Daily Racing Form, 1959-05-13


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Another Damage Suit In Stimulation Case Sum Sought as Aftermath of Undely Incident at 78,500 Special to Daily Racing Form CLEVELAND, O., May 12. — Damages sought in the aftermath of the Undely stimulation case of May 15, 1958 at Ascot Park have soared to 7,500 with the filing of a suit for 50,000 by Charles Benjamin, Cleveland groom, in Guyahoga County Common Pleas Court. Benjamin names Ascot president Horace Adams; stewards Lawrence C. Bogen-schutz, Harold Morrison and William Reagan, and Dr. Joseph Solomon, veterinarian for the Ohio Racing Commission as defendants in the suit. Benjamin charges the accusations against him in connection with the stimulation were false. He is a brother of Thomas Benjamin, former jockey who was the trainer of Undely. Charles served as a non-salaried groom for his brother. Earlier, Thomas Benjamin had sued for 51,350 and Ameoteo DiGeronimo, owner of the horse, for 77,150. Thomas Benjamin is a Cleveland resident while Di- Geronimo lives in Columbmia Station, suburb of Cleveland. The two Benjamins had been suspended by Ascot Park stewards, who referred their cases to the racing commission at Columbus. After hearing considerable testimony in the case, the commission ruled that the two Benjamins had been guilty of negligence in leaving Undley unattended for hours at a time. However, this decision was appealed to the Cuyahoga County Comon Pleas Court. Judge Charles Carr ruled that the commission was "unreasonable and arbitrary" since the Benjamins could not maintain a 24-hour vigil because of the conditions that existed in the Ascot Park barn area where the horse was stabled.

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