The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-20
MOVED ron A NON-sUIT.
The Railroad Damage Suit 40 BE
Argued This Morning.


The only trial in the city court yester-
day was that Of John Edward O'SuIlivan.
BY his next friend, against the Savannah,
Florida and Western railway. asking for
$4,000 damages for the loss Of his foot,
caused by a fan under a freight train in
September. 1894.
The declaration alleged that brake
man forced the boy to jump on the tram,
by threatening him with a pistol that
ne became alarmed and in trying to get on
missed his footing and fell under the train.
The company denies the allegation, ana
as a partial defense claims that the boy
was on the train at all, as some OF the
testimony secured at the time Of the &C
cident in 1884. tended to show that the
boy ATTEMPTED to jump on the train as II
was passing, but that his foot slipped
after catching on the foot step under the
ladder on a freight car. and that ne tell
under the car by his own negligence.
The testimony of several OF sullivan
companions has been taken so far, all
tending to show that the boy was on the
ladder of the car and that the brakeman
showed a pistol and so alarmed the boy
that he fell of. He was on the stand yes
terday afternoon and gave his statement
to about the same effect.
The defense objected to large portion
of the testimony. and especially to that
given by an ex-emplOye to the effect
that he and several others had been
called into the Office by Mr.. Jackson
master of transportation, and given GER
tain orders as to putting of tramps from
these trains. The plaintiff had an en-
gneer from another road testify as 10
the general nature of the railroad bust
ness and the orders generally given to
brakemen, in the matter OF eJecting
tramps. This the defense objected to
most strenuously, claiming that no i'm
piled custom of this KIND could be taken
as the custom or rule on this road.
After dragging along all day, at $50
the jury was excused till this morn
ing, as the counsel we're arguing over a
motion for a non-suit, made by the de-
fendant's counsel. AS hit authorities
were not handy and as counsel admitted
being tired out somewhat on account
of the heat, the judge adjourned the
argument till this morning at 10 O'clock.
The grounds upon which the defense re-
lies upon for a nonsuit are as follows,
as stated by Mr.. Chisholm to the court
last evening:
That the evidence fails to disclose the
fact that the man was an employe OF
that train on which the boy received his
injuries.
That the evidence falls to disclose the
fact that he was the brakeman on that
train.
That there is no proof before the court
OF the existence of a general authority on
the part of the company's brakemen, to
eject people from it's trains; that there is
no proof before the court that this partic-
ular party, who it is alleged, pointed a
pistol at the defendant, was generally or
specifically authorized to do this alleged
wrong act; that is, to eject people and
tramps from these trains.
That the court has no right to judicially
recognize the fact that a railroad compa-
nys master of transportation has author
ity to instruct any of the crews of the
company, as to what their duties are in
the absence of proper legal evidence.
The jury listened attentively to the dry,
technical legal arguments of counsel all
the afternoon with a great deal of pa
thence, considering the hot weather.