The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-06-22
THE LAW OF THE PASS.
Engineer Van vorst's Suit Against I

Engineer Van Vorst's Suit Against the
s., F. & W. Railway.
A sharp legal fight is being waged in the
city court in the SO, 600 damage suit Of C..
T. Worst against the Savannah, Florida and
Western Railway Company for injuries re-
ceived in the Hurricane trestle disaster.
A two hours argument was heard
yesterday afternoon on a demurrer
by the defendant against the
plaintiffs declaration. The demurrer was
argued by Robert G.. Erwin on behalf Of de-
PENDANT, and Samuel B. Adams for plain
tiff.
The demurrer was submitted as a special
one and contained seven specific objections
| to going to trial on the declaration Of the
plaintiff. In brief they were:
l. Because the declaration did not set out
in what manner the plaintiff became a pas
senger, nor the contract, If any, expressed
| or Implied, for the railroad TO carry him,
nor whether the contract was gratuitous or
for consideration.
Z. That in the allegation Of a tdefect in
the bridge, it did not allege with sufficient
particularly the defects complained of nor
the cause why the bridge was not strong
enough.
8. That the declaration did not allege
wherein the bridge was unsafe, nor whether
parts of it were rotten. -
4. That while it Is alleged the speed of
the train on the bridge was imprudently
and carelessly fast, and unsafe and reck-
less, the rate of speed is not set FORTH
o. That the declaration did not allege
how or in what manner the defendant was
careless and negligent in permitting its cars
to jump the track, as alleged, nor in what
manner the cars or track were defective as
AIayad in uhaf el,.t i
cars were not suited to each other, as
alleged
g. Because the petition did not allege the
age of the plaintiff
2; Because it did not allege what the
plaintiff was earning or was capable of
earning, at the time of his alleged injury.
IL appeared from the argument that Mr..
van Worst, who was, at the time of the acct
dent, locomotive engineer. formerly in the
employ OF the Savannah, Florida and West
ern hallway Company, was riding on a free
pass, aud the defense, it is evident, will at
tempt TO show that 1t was under a contract
That defendant was not liable for any acct
dent The plaintiff will contend that
while such a stipulation may be
indorsed upon the back of free pass, it
Will not excuse the defendant from exercis-
ing ordinary care, and that the plaintiff is
entitled to recover. In support of this
eAO CSuho0A AOI Ctbeu q case
where railroad company had employed
man who had signed a contract releasing
the company FROM any claim for damages
resulting from accident while in its en-
ploy, and yet the courts held, in review of
the case. that the contract was void because
1t was against public policy.
Judge Harden interrupted the argument
OF plaintiffs counsel to give his views on
the demurrer, which were that the first,
sixth and seventh grounds of the demurrer
were well taken, whereupon counsel for
plaintiff amended the declaration setting
forth that Van Worst was travelling on a
pass reciprocally given by defendant to an
employe OF another railroad company: also
setting forth the plaintiffs age to be 80
years and that at the time of the accident
he was earning 81 per day every day in the
week. Judge Harden then overruled the
demurrer, and Mr.. Erwin Immediately filed
bill of exceptions against the courts
ruling. This looks as if the case will finally
find its way into the supreme court. The
trial of the case has been continued to the
July term.