The morning news., 1897-07-29

in railroad circles when it comes up for
trial. 1t is the suit brought by S. L. Cald-
well against the Plant system for dam
ages. The reason why 1t will be of so
great interest is that it is well known in
railroad circles that the Plant system has
relief and hospital department which is
held responsible for damages when an
employe is injured or killed by the COM
pany. This department has a fund which
comes of contributions out of the salaries
or the employees each month. One of the
conditions is that the man who signs the
contract by which he is taken in as a
member of the relief and hospital depart
ment agrees that he will not sue the COM
pany for any further recovery in case of
injury or death than he is allowed from
the mutual fund of the employes-the re-
lief and hospital department.
Naturally there would be a great deal
of speculation as to what the outcome of
a suit under these conditions would be
in the courts of the state, there having
never been a test case yet, and if the
CaldweH suit should turn out a test case
in this line it will become a piece of litiga-
ton, interstate in its scope and signih-
canoe.
In this connection it is interesting to
note that the answer which has been filed
by the railroad company's attorney does
not speak of such a defense as throwing
the provisions of the relief and hospital
department of the road. 1t would thus
seem that this will not figure in the de-
Tense, and the case may not become a
test case of the conditions involved in the
relief and hospital department of the rail
road 1t is known, however, that the de-
tense can at any time amend it's answer
to suit of this kind and this may be in
serted later
Caldwell claims that while serving as a
fireman on the run between High Springs
and Waycross Feb. 16 of this year the en-
gine on which he was running ran into a
freight car standing on the track near
O'Brien, and he was permanently and Sc
riously injured. He claims $4,000 as the
amount of his injuries. The railroad COM
pany makes a demurrer TO the suit and
claims that the plaintiff does not state
exactly to what extent he was injured in
the chest, back, and other parts of his
body. There is also an answer to the suit
filed by the defendant railroad company
in which it is claimed that the plaintiff
was injured by his own negligence, and
by the hands of third parties malciously
disposed. The suit will come up for a
hearing within a few days.
In the city court yesterday the case of
James Gilliard against the Savannah,
Florida and Western Railway Company
was brought up and consumed the entire
day with the hearing. The plaintiff sues
for $500 for personal injuries alleged to
have been inflicted upon him while in the
service of the company, loading a freight
car in Savannah. 1t is claimed that the
gang plank was not substantial and al
lowed him to fall. His injuries were
chiefly in the damage done his foot and
ankle. He claims that he has been se>
riously injured and prevented from do
ing his full work as day laborer which
requires the lifting of heavy burdens. The
suit will be continued to-day.
Remitturs from the superior court an
nouncing the action of that body in the
cases of Maurice Sullivan and Simon
ONeil, were received at the office OF the
clerk of superior court yesterday