The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-06-24
AT THE COURTS.
Gossip Picked Up Here and There in
the Court Rooms.

Gossip Picked Up Here and There in
the Court Rooms.
In the superior court yesterday Adolph
Witteman obtained verdict for slS7 81
against the Ludden & Bates Southern Mu-
sic House. The suit grew out of an issue
about the defendants taking an edition of
souvenir albums of Savannah. It is ex-
pected that the defendants will move for
new trial.
An order of incorporation was taken in
the superior court yesterday, incorporating
the Citizens Land Company.
Il. Il Richards, Esq, counsel for Ben
Anderson, has filed a motion for a new trial
in the damage suit of his client against the
Savannah, Florida aud Western railway
and the Charleston aud Savannah railway,
with view, as he says, of taking the case
TO the supreme court to have question
settled that has never been passed upon,
and that is this: Whether the road being
criminaly negligent is not liable for some
damage In a case where there was some
contributory negligence on the part of plain
tiff. Mr.. Richards holds that while it may
be true that Anderson worked around
the Coast Line depot and knew the trains
were not in the habit of coming to
a full stop as required by the statute at the
intersection of every crossing where engines
cross, and If he knew that they had violated
the law 999 times he had the right to pre-
sumo that the law would be complied with
the thousandth time the train came along !;
in other words, he does not believe con-
tributory negligence on the part of the
person injured will prevent the latter from
recovering when the negligence on the part
of the railway was criminal under the
Code
In the city court to-day the damage suit
OF Fred Cobb (colored) against James
Hart q Bro. is assigned for trial Cobb
stepped into the open cellar of the Hart
Bros. grocery on Oct. 49, 1888. The case
was heard once before and resulted in mis-
trial The testimony was conflicting; pho
tographs of the cellar were introduced in
evidence, and the question was raised
whether defendants had a right to keep the
cellar open until the close of business. On
this point the court held that the cellar
being kept open until the close of business
was UNSUITABLE under the city ordinance
governing in such cases. This ruling, and
the testimony introduced to show that Cobb
had worked right along after the accident,
made the case u mixed one.
Yesterday was return day in the city
court, and over forty new cases were filed.
Several of them are damage suits.
The following felony cases have been as
signed for trial in the superior court to-day
Dare Brown and A. J. Roberts, charged
with assault with intent to murder; Isaiah
Houston, indicted for simple larceny and
burglary, The three defendants are colored.
There were fifteen prisoners before May or
Schwarz yesterday morning in the police
court room, only one of whom had the
good luck to be discharged. The larceny
cases were Isaiah Staley, charged with steal
ing a silver watch and gold chain from j. Q.
Finley, and Charles Williams, for stealing
$500 from A. G. Washington. The prisoners
were turned over to the higher courts. The
other cases we're for disorderly conduct Of
various kinds, superinduced by drinking
rum. Against this class of offenders penal
ties were imposed aggregating 81, or lis
days