The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-04-20
SIxTY-SEvEN SUITS FILED.
MRS. WYNEss' SUIT FoR HER HUs-
BANDS INSURANCE ONE OF THEM.

Accidental Death-The Case to BE
Closely Contcsted-RaiIrOad Come
In for Their Share of Damage
Claims.
Yesterday was return day in the city
court. Judging by the number of suits
filed the May term will be a busy one In
all G. were filed with Deputy Clerk Cold
ing up to last night. The majority of these
are not of especial interest. There are as
usual number of suits for damages.
chiefly against the railroads.
Among the suits is that of Mrs. JEANNE
S. Wyness against the Travellers Insur-
ance Company of Hartford for the re-
coyery of $500 with interest, the amount
Of an accident policy In the company held
by the late j. w. Wyness. the circum-
stances of whose death are well remem-
bered. The petition states that the policy
was taken out by Wyness April 9, 1896, that
he was shot by Patrick Kearney Nov. 30,
1896. and died Dec. T. 1896; that at the time
of the shooting he, in company with some
friends, was in the place Of one Taylor, at
South Broad and Price streets, when a
pistol in the hands of Patrick Kearney
was accidentally shot off and discharged,
thereby mortally woundlng the insured,
from which wound the insured did die as
above set forth, the same being an injury,
and death insured against by said policy
Of insurance, and not being caused by any
cause excepted in said policy; that the
said death of petitioners husband, ]. w.
Wyness was due to an external, violent
and accidental means and that the de-
PENDANT became liable under the terms of
said policy to pay your petitioner $1,000.
The case is one that is certain to be
closely contested, and it is likely that a
number of fine legal points will be involV-
ed Doubt exists whether the shooting
was accidental or intentional. Kearney
was tried in the superior court on the
charge of murder was convicted and SEN
fenced to the penitentiary for life. He is
now in jail awaiting the hearing of mo-
ton for new trial before Judge Falli-
CANT. The insurance company has de-
clined to pay the amount of the policy on
the ground that the shooting was not ac-
cidental. 1t was asserted by one of the
attorneys at the trial of Kearney that
Mrs Wyness' claim against the company
was good, whether the shooting was ac-
cidental or Intentional provided it was
shown, as claimed that there was no prov
ocation or offense on the part of Wyness.
Wyness statement before his death that
the shooting was accidental will be inn
portant evidence in the case. The result
of the suit will be awaited with interest
on account of the effect which it may
have in determining the fate of Kearney.
Mrs. Wyness is represented by r. r.
Richards and Mercer & Mercer. N
Arthur Judge, by his attorney, w. VI.
Peninsular railroad for $1,000 damages.
The petition states that Judge is truck
/ farmer living about twelve miles from Sa-
vannah on the South Bound railroad, and
owning and cultivating a farm of about
thirty-five acres. In 1890 he sold a right
of way through his land to the South
Bound Railroad Company, one of the con-
ditions being that efficient cattle guards
should be maintained by the company at
each end of its track on its land Such
guards were maintained he states, until
the passage of the South Bound, into the
hands of the Florida Central and PENN
sular Railroad Company, which, in the
year 1894, removed one of the wooden cat
tie guards, replacing it with a metallic
affair which proved ineffective. The re-
suit was that his crop of rice, peas, oats
and potatoes of that year was entirely de-
stroyed by roaming hogs. Relying upon
the promise of the railway company to
remedy this defect, a crop was planted IN
1895, which was in like manner destroyed,
reducing the plaintiff to great poverty
and distress. The plaintiff asserts that
the railway company violated its contract
with him and asks for $1,000 damages, be-
sides attorneys fees and expenses
c. Simonsohn represents to the court
that on July 8, 1896, he was in the employ
of the Savannah hospital, and while in
the hospital yard came in contact with
| live electric wire which had fallen from
| the apparatus of the Brush Electric Light
| and Power Company on the street adjoin-
ing. He was seriously injured, being
| shocked into a state of Inconsistencies
and racked and tortured. His right arm
was dislocated and his left hand was burn
| ed and injured permanently. The petit
| toner claims that he is still disabled and
| is incapacitated from securing renlnnera-
| tive employment. At the time of the in
| jury he was receiving sic per month with
board and everything free, was capable
| of earning S25 per month, and would soon
| have been capable of earning $50 a month.
He claims $4,000 for his injuries.
and suffering in consequence of the negli-
gence of the Brush company. The plain
tiffs attorneys are r. r. Richards and
Seabrook and Morgan.
Thomas Scott sues the Savannah Trac-
ton Company lot SltbOV udAldScSs Oh lhS
grounds that while driving his horse and
wagon across Anderson street on Bull
street March 8, 1897, his wagon was struck
by an Electric Railway car, throwing pc
itioner from wagon, and seriously inJuring
him, from which injuries he has not yet re-
covered, as well as damaging his horse
and wagon The plaintiff is represented by
O'Connor and O'Byrne.
six suits were filed against the Miller
Company, as follows: Skyland Furniture
Company, Walter Hayward Chair Com
pany, Northern National Bank, Borgwartz
& Ernest Company. all represented by
O'Connor g. O'Byrne. and I. T.. Palmef
and Union Furniture Company, represent
ed by i. j. Brown.
Thomas c. Jeffords has brought suit
against the Fidelity Mutual Life Associa-
ton for $4,000 on an insurance policy. The
plaintiff is represented by Erwin, duBig-
non & Chisholm.
Miss Blanche Duffus, by her attorney.
John Nicolson, Jr., brings suit against the
Savannah, Thunderbolt and Isle Of Hope
Railroad Company for $1,000 damages
sustained by jar while on a trail car OF
the company.
Ben Aston. by his attorney, w. w. Fra