The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-12-19
IS THE PULLMAN CO. LIABLE
A Suit Against II to Recover for a
Passengers Loss.

The City Court and Supreme Court
Have Decided That There Are Some
Grounds for the Case, and It Is Now
Before Jury in the Former Tribunal
The Rauers Injunction Case Ar
gued-Louis Stevens Fined $3.50 for
Beating Chinaman.
There is a case now on trial in the city
court which may in the end decide the
liability to its patrons Of the Pullman
Sleeping Car Company in this state
The matter has been very little in the
courts of the state, but has come up now
in form which will test the question to
some degree, at least. The suit is that of
Miss Elise Martin, of Hampton county,
South Carolina. against the Pullman Car
Company for $1,000 damages for loss
sustained by her while riding in one of
the company's cars in this state.
The events which led up to the suit
transpired about eighteen months ago,
when she was travelling on Pullman
coach on the East Tennessee railroad, be-
tween Savannah and Macon. She had q
small sachel with her, in which she kept
her purse and in which she claimed to
have had about $3.50 worth of diamonds
and jewelry, besides some money. She
took the sachel into her berth with her
when she retired, but in the morning it
had disappeared. The company refused
TO make good the loss and she entered
suit.
SOME MERIT IN THE CASE.
Not only Judge MacDonell, but the SUI
preme court too, evidently believed there
was some merit in the case. A demurrer
to the suit was filed by Senator Barrow
who represented the Pullman company
and the demurrer was overruled
by Judge. MacDonell. The
taken to the supreme court by the
defendant to the suit, and that judiciary
sustained Judge MacDonell, which practi-
cally remanded the case to a jury.
The case was called yesterday and
Senator Barrow having made motion
for non-suit the jury was dismissed until
4 o'clock in the afternoon. The motion
was argued by Senator Barrow on the
ground that the declaration was de-
fective and did not set forth cause of
action as it failed to show negligence Of
any kind on the part OF the company.
AT 4 o'clock Judge MacDonell overruled
the motion for non-suit, and the case went
to the jury. Judge Harden, representing
the plaintiff took up the case in the af-
ternoon, and argued that the company or
its agents were grossly negligent in per-
hitting property to be taken in this man
ner from occupants of the beFths. Senator
Barrow will argue the case for the COM
| pany this morning at 10 o'clock.
RESERVED HIS DECISION.
The motion for the dissolution Of the
| injunction against Mr.. Jacob Rauers, re-
straining him from preventing the re-
moval of the British schooner Beatrice
| Mol which xxYac hlngup nu nathn-
rines Island by the August storm, was
| argued before Judge F'alligant yesterday.
Mir Walter G.. Charlton filed the de-
| murrer TO the petition, holding that the
! declaration of the plaintiff was defective,
| in that il did not state who the petitioner
was and that it was faulty in other res
| pests. Mr.. I. S. Morgan held that under
| some supreme court decisions and recent
! laws he had the right TO properly amend
| his petition. Judge Falligant took the
| papers at the conclusion of the argument
and reserved his decision.
FINED FOR BEATING A CuINAsrEN.
Louis Stevens, a young white man. was
| heavily fined in the superior court yes
| terday for beating q Chlnaman. Stevens
| had 4 fight with kwong Wo, Aug. is, and
| according TO the evidence did him up
spre6ty badly. lie was found guilty of
| assault and battery in the superior court
! yesterday and fined $50 or six months on
| the chain-gang.
| Arthur Williams, who was on trial for
| carrying concealed weapons, was found
not guilty and discharged.
| In the suit for divorce of Alma Ecl1ert
VS.. Peter Eckert the defendant having
failed to appear the court rendered a first
verdict yesterday, in favor of the plain
| tiff
In the case of Hull &
Lathrop VS.. the Georgia Loan
and Trust Company, it having been
shown the court that all matters between
the parties 10 the suit had been satisfac-
torily adjusted, an order was granted dis
missing the bill and petition for receiver.