The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1881-10-13
Important Decision by the Supreme
Court,

On lst June, 1874, the passenger train
on the Anderson branch while on lis
way from Anderson to Bolton, was run
Oft the track near Broyles's Crossing.
The passenger car was shattered and
wrecked, and several of the passengers
were more or less seriously injured.
Those most seriously injured were Mrs.
+. NJ. Brown, and Claudius Brown, the
wife and young son Cf DR.. l.. NJ. Brown
of Bolton; William II. Redwood an
elderly man, well known Baltimore
drummer and William Cummings.
another elderly man, q farmer in Ander.
son county.
Suits for damages were instituted by
and for these parties against the
Greenvillc and Columbia Rail-
road Company Mt the Spring
Term of the Anderson Circuit Court in
the year 1876, after compensation for the
injuries had been asked from and refused
by the Railroad Company. The Rail-
road Company, as defendant, moved for
n change of venue from Anderson. on
account OF the excited state of the public
mind, and prejudice against the railroad.
The venue was accordingly changed to
Abbeville; and the four cases were tried
together at this Court House, ut n spe.
cial term Of our Circuit Court held by
Judge Mackey in the end of April, 1878
Naturally great deal of interest was
taken in the trial of these cases by the
public. The people of Abbevillc still
remember the great cloud of witnesses
brought hither from Anderson by both
plaintiffs and defendants. Then there
q ~r
Brown aud wife, and Claudius Browns
cases were represented by Gen. S.
McGowan, of Abbeville, and Messsrs.
Moore 4 Broyes of Anderson. Brown
and wife sued for 100000 for injuries
sustained by Mrs. Brown, and for So 900
Tor Injuries inflicted on their son, Clau-
dius.
Mr.. Redwood was represented by
Gen: McGowan, damages claimed,
$4,000.
Mr.. Cummings was represented by
Alr. Featherstou, Of Anderson and Mr..
Benet, of Abbevllc; damages claimed,
$4,000.
The Railroad Company's lawyers were
Col. j. S. Cothran, of Abbevillc, and
Lieutenant-Goyernor Simpson, of Lau-
rens. 1t is somewhat remarkable that
three of The lawyers then engaged in
these cases have since then been raised
TO the judicial Bench, and they arc now
known as Chief Justice Simpson, Asso-
ciate Justice McGowan, of the Supreme
Court, and Judge Cothran of the Eigth
Judicial Circuit.
All during the progress Of the trial the
Court House was crowded with spectators.
The suits were holy contested on both
sides, and the counsel for plaintiffs and
defendants did their utmost endeayor in
their arguments before the jury. The
closing argument for the plaintiffs, by
Gen. McGOwan, WAS not finished until
eleven o'clock at night; and before
Judge Mackey concluded his charge it
was near midnight. But his Honor who
thinks that might is the time to work."
sent the jury into the jury room, and
awaited their verdict. II was about two
o'clock on the morning of Ist Nav,
1873, when the jury came into Court
with the followingverdicts
For the plaintiffs AIr. z, N. Brown
and Emily his wife, $4,000 and costs.
For Mr.. Redwood $1,000 and costs.
For Mr.. Cummings $4,000 and costs.
In Claudius Brown the boys case, the
jury found for the defendant
Against these judgments the Railroad
Company gave notice Of appeal, which
appeal, however, went no farther.
Here, then, it was thought, was a great
VICTORY gained for the injured passen-
gers. But it was soon found that the
thus recovered were likely to
prove hollow and valuclcss; that it was
impossible to enforce execution against
the property of the Railroad Company,
because of an order of the Court of
Equity of Richland county passed by
Judge Melton, 18th June, 1872, cnioin-
ing and restraining all parties from en-
forcing judgments and executions against
the railroad property. An attempt to do
so would have rendered the judgment
creditor liable to contempt aud i'm
prisonment.
For while all hope of realizing the
many judgments called for was given up
alike by lawyers and clients. L. was
known that the road was completely
carpeted with mortgages, and that
except by tho summary process of levy
and execution on whatever was leviable.
the money could not be made, ard their
very process was enjoined. The order of
injunction continued of force until 23rd
November, 1878, when by order of Judge
Presley, Gen. James Conner of Charles
ton, was made Receiver of the railroad.
Under Receiver Conner's administra-
tion there was about one hundred thoti-
sand dollars on hand Of surplus funds,
after paying for improvements and
expenses.
The large fund of earnings in the Gus
tody of the Court of Equity was not COW
cred by the mortgages which overspread
all the tangible property, the corpus, Of
the railroad; and as soon as Mr. Benet
discovered that so large "Receivers
fund" existed upon which bondholders
and mortgages as such could have no
prior claim, he went to Columbia and
proved the Brown, Redwood and Cum
mings claims before the Master, n. b.
Barnwell, Esq, and filed their petition
ec parte i'll the suits of the Attorney
General and of Jas S. Gibbes and Others
against the G. & G. B. II. Co. The Mas
ter had advertised that all creditors Of
the Railroad Company should prove
their claims before him MS the property
was about to be sold. Judge Kershaw.
then presiding in Richland county,
made an order of reference to the Master.
The reference was held, and Mr. Benet
urged the payment of the judgments
mainly on the following grounds First,
Recanse the order CT Judge Melton, 18th
June, 1872 had made the President and
Directors, in reality although not in
name, Receivers of the G.. & c.. X. Il.
Cos property. Second, Because DANA
ges for injured passengers arc to be paid
by Receiver out of his fund of earnings
before that fund is turned over to the
mortgages.
The Masters report was adverse to