Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-09-12
CIRCUIT COURT.


the 23rd. . . ....s .at ,us 10, -..t
CIRCUIT COURT. s
The Court was occupied with the Sessions
business until Thursday evening of last week,
when, the docket being cleared, his Honor
pronounced the following sentences:
Lewis Josey, white; pleaded guilty of for
gerry. Sentenced to the penitentiary at hard
labor for the term of one year. !, @
Elias Stewart, colored pleaded guilty of
burglary. Sentenced to the penitentiary at
hard labor for the term of ten years.
George Minter alias George Hardwicke,
colored; found guilty of burglary. SEN
fenced to the penitentiary at hard labor for
the term of his natural life. @
Lewis Petty, colored found guilty of bur.
glary. Sentenced to the penitentiary at hard
labor for the term of his natural life. ,5s
Mary Ward, colored; indicted on charge
of disturbing religious meeting. Verdict
guilty. Sentenced to imprisonment in the
county Jail for the period of thirty days.
The grand jury made their presentment on
Thursday, and was discharged. We will
publish their presentment in our next Issue.
On motion Of Mr.. T. c. CASTOR, Solicitor,
it was ordered that the following causes be
adjourned of the docket:
State vs. Vim. Gibson; murder.
State vs. j. }. Gardner and others; murder
State vs. J. r. Bratton and others; murder
State vs. VIM. Garrison; burglary.
Cfofa oI, i o&l
larceny.
State vs. Harvey Wood; grand larceny.
State vs. Harvey Wood; grand larceny
State vs. Randall Caldwell; rape
State VS.. B. F. Wylie; assault with intent
to kill. 5s
State vs. Welborne Meek; grand larceny.
State vs. VIM. Sanders; rape and assault.
On Friday morning, after disposing Of cal
endar six, ,lthe case of John g. Steele vs.. the
Charlotte, Columbia and Augusta Railroad
was called. sja- .ss e4r s5
This is an action for damages for injury re-
ceived by the plaintiff, by the fracture of the
patella or knee cap of his left leg, in the &C.
cident at Fishing Greek on the 23rd of last
November, by the giving way Of the trestle
across the creek, precipitating the train and
passengers into the swollen stream. For in
juries received by this accident, the plaintiff
claimed $4,000 damages. The following jury
was impanneled s-.i..
j. Harvey Dickson. foreman; A. B. Bales,
T. V. Boyd, James E, Smith. A. B. Crosby,
j. K. Carothers, j. H. Coltharp, M. s. Car.
roll, T. N. Thomasson. Felix Black, Andrew
Erwin, Robert Faris, of whom the last three
are colored. r., ,s:f.,.
The plaintiffs grounds for. action were care.
lessness and neglect on the part of the rail-
road company, as common carrier, in not ex-
ercising proper vigilance over the trestle; in
permitting rotten and decayed. timbers to re.
main in it; and using it while in an unsafe
condition for the transportation of trains and
passengers over it. He also claimed, and by
number of physicians proved, that the in
jury he received to his leg is incurable and
permanent; that he now has to walk with the
support of a crutch, and that he will never
have better use of his injured limb than he
now has. He also claims that be is disabled
from attending to the ordinary business affairs
BY which he supported his family, being
compelled, in consequence of his injury. and
the necessary confinement to his bed caused
thereby, to relinquish the business upon which
ne mainly relied for support, which busi-
ness netted him 800 per month.
The defendant claimed, FIRST, that at the
time of the accident though the plaintiff was
passenger on the train to which the acci-
dent occurred, yet by bis own act previous
to the accident and pending the disaster, he
was incapactated from using ordinary means
for protecting himself. That after the acci-
dent, the company, by furnishing all needed
medical and surgical attendance, did all that
could be done by medical art to restore the
use of the limb; but that by his own acts,
while under medical attendance, he retarded
the progress of healing, to the extent even of
rehurting the wound on one occasion, at
least, by an act of imprudence, and contrary
to the instructions Of the physicians. The
company also introduced medical testimony
to the effect that the physician 80 testifying-
and who attended the plaintiff after bis re.
moval to Culumbia-had "hope that even
yet, with proper treatment and care, the
plaintiff would have practical use of his
limb, except in such exercises as dancing or
jumping or leaping."
The company also contended that the con.
dition'of the trestle, at the time of the acci.
dent, was safe and secure. so far as it was
possible for human eyes and skill to discern.
Three heavy trains had passed over it on that
day; one of them about one hour and twenty
minutes before the accident. 1t was claimed
that those whose duty it is to examine the
trestle at stated times, faithfully discharged
their duties. That on every occasion in ma
king these inspections, the trestle was found
secure. 1t was denied that the strength of
the trestle was impaired by reason of defect
i've timbers, or defective manner in it's con-
and the theory was maintained that
the accident was the result of the forces of ma
ture entirely uncomfortable by human skill.
A large number of witnesses-29 for the
plaintiff, and 10 for the defendant-including
medical and railroad experts, were examined,