Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-03-31
CHRONICLES OF THE COURTS
Oscar Jones Wants Damages for Injury Re-
sutng From an Exploded Emery
Wheel.

The case of Emma Kamminsky vs. the
Birmingham Building and Loan associa-
ton was yesterday dismissed In the city
court. Plaintiff was a stakeholder in the
association, and borrowed money from 1t.
She alleged that the rate of interest was
usurious. The case will be appealed.
Oscar H. Jones vs. Woodward Iron COM
pany is on trial. Plaintiff wants $4,000
damages for injuries received last July
in one of defendants mines. He alleges
that he was in slope in the discharge Of
his duty when a piece of ore fell from the
car raised by the hosting engine and
struck him. whereby he was injured. The
attorneys do not know definitely how
long the case will be before the court.
Jurymen were empaneled yesterday as
follows:
Jury No. John M. McCurry, r. r.
Hill, Isaac H. Ward, j. T. Tarpley, Minis
DeJarnette, A. Morris, w. 7. Quinn, f.
NJ Wright, ]. M. Crowder, Amos Vines,
James Mackin, Frank Arrico.
Jury No. 2-George A Blinn, A ]. Bras
field, j s. Hall, p. w. Matthews, j. Is.
Dryer, Sam Myer, II. H. Reynolds; to be
completed.
Circuit Court.
Robert H. Stokes VS.. Alabama Iron
company was the only case before the
circuit court yesterday. 1t Is still on
trial. The case went to jury at a
former session of the court, but a mis-
trial resulted. About two years ago the
son of the plaintiff, while in defendants
employ, was killed by the bursting OF an
emery wheel.
Probate Court.
The following deeds were filed for rec
ord yesterday:
Dora L. Fulton and husband to Edwin
Fulton, Jr., lot IL, Edwin Fulton, Jr. s adj
dition to Woodlawn; $162.
Mary e. Williams to Katherine p.
Boggs. lot 10, block 1870; $500.
j. A. Creel and wife to ]. Logan
Brake, southwest quarter Of northwest
quarter of section 28, township IA, range
3, west; 800. M
Louisville aid Nashville Railroad COM
pany to William Blob, southeast quarter
of northeast quarter of section 0, town
ship Is, range 3, west; 5000.
w. p. Hickman and wife to William
Davies, lot 8, Roy survey Of Hickman
property on Pine Level road $40.
w C. Gardner and John A. Hall, lot 8,
block 1853, Halls addition to Bessemer;
$500
seven and one-half acres In northeast
quarter of northeast quarter of section
36, township 16, range 3, west; $3.50. =
d. w. Moore and wife to same 552x
552 feet in southwest quarter of south
east quarter Of section rs, township 16,
range 8, west; $780,
Mary c. Kirk and George A. Kirk, ST.,
to C. A. Nolan, lot 2, block IL, Wares
addition to Birmingham; $3.50.
Same to Mrs. NJ G.. Nolan, lot 2. block
II, Wares addition to Birmingham; $3.50.
Susan c. Ware to same, lot 1, block IL,
Wares addition to Birmingham; 5000.
Quit claims:
E. G. Bruce to Louisville and Nashville
Railroad company, surface right to
southeast quarter of northeast quarter
of section %, township Is, range g. west;
500.
e. M. vadeboncoeur to Hugh M. Nell
haney, lots 81 and %, block 227; $3S.
Federal Court.
Very little was done in the United
States court yesterday
In the case of Hardness & Bankhead
VS.. Richmond and Danville railroad 1t
was dismissed for want of prosecution.
Jacob Y. Morgan was relieved of serv-
ing the remainder of his sentence for illic-
ii distilling.
The same order was entered in the
case of George W. Arlington.
Allen p. Howison VS. Alabama Coal
and Iron company; on trial
The celebrated case of w. d. Carroll
VS.. Alaba ma Great Southern Railroad
company, which occupied the attention
of this court for some days. resulting In
a verdict for the plaintiff for $4,000, was
the event of court circles last week.
The plaintiff, Carroll, was brakeman
in the service of the Alabama Great
Southern Railroad company in June. 1890.
In making up the train in the Birming-
ham yard bent link was used to couple
two cars of the train. The plaintiff In
passing over the Cars in letting off the
brakes was in the act of stepping from
one car to another when the link broke
and he fell between the cars on the track
and had his left foot cut off and all of his
right foot, except the heel He sued In
the city court Of Birmingham and recov-
cred judgment for $4,000. From this
the railroad company appealed to the
supreme court of Alabama, which re-
versed this judgment and sent the cause
back for another trial. About this time
the plaintiff removed to Mississippi, when
his cause in the state court was with
drawn and begun anew in the United
states court. When first tried In the
United States court Judge Toulmin held
that the trial in the state supreme court