The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-07-18
WITH THE SUPREME COURT.
Cases From Chatham Decided by That
Tribunal.

AAAOuuuAa
Some of the Judgments Affirmed,
While in Other Gases the Suits viii
Come Back for Another Trial-Proofs
of Loss by Fire Must Always Be
Presented--Damages for Street Car
Aecidents--A Case of Landlord and
Tenant.
Several supreme court decisions of in
terest to Savannah and Savannahians
have just been rendered. A brief notice
Of each of the cases so decided appeared
in yesterdays MORNING NEWS.
The suit of the Southern Home Build
ing and Loan Association against the
Home Insurance Company of New Or
leans was tried some months ago in the
city court. 1t involved loss on some
property which was owned by Rosa
Tutty, but mortgaged to the plaintiff in
the above suit for money loan on it.
The insurance policy on the property
was given the association by the mort
eager as collateral. The house was
burned and an adjuster came down looked
the matter up, made out the proofs Of
loss and turned them over to the associa-
ton to get Rosa Tuttys signature. This
had to be done within sixty days. But
Rosa Tutty could not be found and the
papers were not signed The insurance
company refused payment, suit was
brought, the company demurred to the
suit in the city court, and the demurrer
was sustained
PROOFS MUST BE PRESENTED.
The supreme court sustains the judy
ment OF the lower court, holding that the
refusal of the mortgager to sign the
proofs of loss does not alter the neces-
sity for proofs Of loss being presented. 1t
is directed, however. by the supreme
court that the plaintiff can make certain
amendments to the declaration to show
that the proof of loss was waived. So
the decision has not entirely DISPOSED Of
the case. The association was represented
by Messrs. r. L. Sibley and G.. b. What
ley, and the defendant by Messrs. Den
mark a. Adams.
Two suits growing out of an accident
at the crossing ofithe Savannah, Thunder
bolt and Isle of Hope railroad with the
Thunderbolt shellroad were finally deci-
ded by the supreme court. At O'Clock,
the night of March IL, 1898, dark rainy
| night, car on this line ran into a wagon,
| throwing one man out to the ground,
killing the horse and damaging the
wagon. Beasely, who was hurt, got YER
dict for 500, while Henry Bryan, who
was the owner of the horse and wagon,
was given a similar amount Motion for
ANEW trial was overruled and this course
of the court below has been sustained by
| the supreme court.
WILL GET HIS $500.
| The case of BENJAMIN Ficklin who was
hTVFat IN fcSA init .s,F >
vannah street railroad, at Bay and Jeffer-
son streets, Jan. ?, 1892, was decided by
the supreme court in his favor. On the
| first trial of this case he was given S725
| a new trial was granted and the case was
retired Feb. "a, 1898. Ficklin was given
verdict for $500 and new trial was re-
fused The supreme court sustained
this position. The street railroad was
represented by Messrs. Saussy Il Saussy
and the plaintiffs by Messrs. McAlpin s.
LeRoche.
| Judgment was reversed in the case of
| Paul Days against NJ. j. Doyle Days
formerly rented from Doyle, who had him
move in order to make some repairs. 1t
was alleged that Doyle then refused to let
| Days have the place again unless he paid
much higher rate of rent, although the
contract had not expired. Days recov-
cred $3.50 actual and punitive
damages. The supreme court re-
versed the court below on the
ground that the evidence was too
vague, uncertain and indefinite to author
ize recovery in the plaintiffs favor of
this amount. The jury was instructed
to find damages. only such as had actu-
| ally been sustained, and the supreme
! court thinks this too large an amount. The
case will, therefore, be tried again.
| Messrs. O'Connor 4 O'Byrne and Den
mark & Adams appeared for Mr.. Doyle,
and Messrs. Harden, West & McLaws
for the plaintiff.
ALLOWED TO ENTER JUDGMENT.
The suit of Decker & Fawcett against
| the Savannah, Florida and Western rail-
road was finally determined in favor of
the railroad. The suit was for a lot of
cotton, which 1T was claimed was lost.
The matter was left to board of arbi-
| traitors. The award was in favor of the
| road. Judgment was not entered up, and
| two years afterward a suit was brought
in Bryan county in the name of the ship
per of the cotton. Messrs. Erwin, du-
Bignon Il Chisholm then moved in the
| city court to have judgment in the case
| entered nunc pro tune. This was refused
| by the court and was appealed The
supreme court decided that the Judgment
| could be entered by the road Messrs.
| Decker and Fawcett were represented by
| Messrs. Garrard, Meldrim & Newman.
! The suit of H. A Shuman against j. w.
Renfroe and the Southern Supply Com
| pany for work done under a contract
/ l. al = aAs.lsv