The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1867-11-27
[rcom tie Albania !ntciigcnccr.
Impotarnt legal Doci9ion Made by tho
Hon. join Collier, Judge OF 1ho Cowota
Circuit il F0lScn Superior Court
MARY j.. Cannon. |
JNo. S. ROWLAND,
Sup't W. e. A. Il. Il.
[rtom tie Atlanta !ntcliiGcnccr.


plaintiff against the defendant, as tac
Superintendent; Of the Western g. A..
lantic Railroad, 20 recover damages for
the killing Of her husband, Sylvester
Cannon, in 1862
In order to cn;l;lo The plaintiff to re-
cover in this case, IL is necessary the.
9'le show BY TIC evidence that she was
the wife Of the said Sylvester, and that
he was killed by the running Of ,hc cars
on the Western 81 Atlantic Eailyoad
and that without fault or negligence on
his part (hc being all employee Of said
railroad, and cnSa@cd on said railroad
rs such Al The ,imc), ard t,lat she las
made an effort TO settle such damages
with SAID Superintendent, and by him
refused before bringing suit.
If the pla;nl.!r has established these
iac's TO your reasonable satisfaction,
then SO is entitled 10 rccovcI. unlcss
the defendant has shown ;:at he is cx.
cUSca from such liability.
AS 10 Ihc amonnt Q" such recovery,
that IS y question for voLr consideration
The general rule Of law is, that tho
measure Of damages is Tho extent Of
the loss or injury sustained. You can
not find III amount greater than that
alleged in the declaration. In order to
arrive at the proper amount Of damages
sustained you arc authorized to take
into consideration i.c evidence rs 10 Tic
age Of said Sylvester, his habits, physi
cal condition, and rhe va's;c OF his labor
per day or month at the time he was
killed the loss of hic care, protection
and assistance 10 his fanay, and the
general average OF unan lie.
IF you should believe from &c cyi.
dcnce that The plaintiff has failed 10
make on. her case ,rsicr The rule which
the cou!t has laid down, or if yon shall
believe ,ha: The killing was t,,c result
Of Tho fanl: OF negligence OF said Syl-
vcster, then The plaintiff is not entitled
tcrccovcr.
The dcfcndan. insisto in tlra case chat
the said Sylvester was in the perform
ancc OF an illegal act, to vii; in Ike
transporting Of Confederate ,roopa 10
make war against the United S;ales,
and against The laws Of tho Uni,ed
States, and, therefore, being engaged in
an Illegal act, is a. fault. and in tonsc-
q"cncc Of that fault, :hc plaintiff is not
cn'Illcd TO recover.
The transportation of Confederate
troops over tie Western g. Atlantic
Railroad in The year Sc, for Inc pur
pose OF making war upon INC Govern
mcnJ or authority OF The United States,
was contrary 10 the puohc pr'cy and
laws Of The Un;lcd States (Which this
court .ccognzcs), and thcIcforc ile.
gal.
IL you should believe, from the cvi-
dcncc IN this case, that the deceased
was voluntarily engaged in the perform.
ancc OF acts III violation OF lhc Corstitu.
ton and laws OF the United States when
he was killed, and hat from nat cause
solely, OF from he fault Of negligence Of
the said Sylvester at The timc he lost
his life, then the pla;n,ilr is not entitled
TO recover.
II lhc killing resulted solely from thc
fault or negligence oflhc defendant, OF
OF an employee Of said defendant, then
the plaintiff is entitled to recover.
In connection with the foregoing we
deem il proper to state that tho special
jury, before whom the case was tried,
rendered a verdict OF $4,000 damage
III favor Of the plaintiff in The action.