The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-06-04
PRETTY PLAINTIFF PLEADS.
MISS SARAH MILLS SUIT FOR THE
LOSS OF TWO TRUNKS.

The Contents Valued at Nearly
$1,000 Comprising Costly Costumes
and JeweIry-Quite Gathering OF
Society Folks to witness the Trial.
An Interesting Case in Which
n Young Society Leader Seeks 10
Recover Damages From a Rail-
road on Account of "A Wreck.
There was an unusual scene in the city
court room yesterday when a number of
young society folks gathered to witness
the trial of the suit for damages brought
by Miss Sarah c. Mills against the Flor
ida Central and Peninsular railroad.
The petition of the court in brief is that
while returning from Asheville, N. c.,
on the 18th of last October, there was
collision at Swansea station and that two
trunks belonging TO Miss Mills, contain
ing valuable dresses and jewelry, were
totally destroyed by which she sustained
a loss of 81, 800
The fact that the htigant is one of Sa-
vannah's most popular and attractive
young society ladies was sufficient to
summon to the trial quite coterie of her
young lady and young gentlemen friends,
who watched with unabating interest the
proceedings before Judge Norwood. The
| amount of damages asked for, and the
recollection of the serious wreck, which
at the time was much talked about in Sa-
vannah, further aided to the interest of
the case, and the court room presented a
more enlivened scene than it ordinarily
does with the trial of the average run of
civil and criminal litigation.
Ex-Judge A H. MacDonell represented
the fair litigant, and Mr.. Samuel B. Ad-
ans set forth the defense of the railroad
company. The principal witnesses were
Mr.. George ]. Mills, father Of the plant
if; Mrs. Mills, her mother, and Miss Mills,
herself.
The conduct of the defense was, from
the outset, that of admitting the liability
of the railroad, but contending as to the
amount of damage rightfully to be paid.
Mr.. Adams did not insist upon itemizing
of the contents of the trunks with their
respective values, but this was advanced
in full by the plaintiff voluntarily. Along
this line the testimony of Mrs. Mills was
most important in showing just how the
loss of the contents of the two trunks
figured up to nearly 5000. In many instan-
ces she presented the bills from the tall
ors and dressmakers, showing the actual
cost of the more expensive gowns, and
this had the effect of establishing the ex-
act value of the contents of the trunks
1t also explained that while the cost of the
dresses was high, it was nothing more
than being in line with the prices paid by
the well-dressed young society women of
the day.
To this itemized statement showing the
actual value of the contents of the trunks,
there was no attempt on the part of the
defendant to deny. But Mr.. Adams, rep
resenting the railroad, brought forth law
to show that it is not compulsory that a
railroad company should pay the total
claim for damageS when an extraordinary
amount of baggage is carried, or baggage
comprising such rare valuables as fine
laces and jewelry. He read decisions of
higher courts to show that unusually large
amounts claimed for damage have been re-
duced, one case in particular being that of
a wealthy Russian lady, who was travel
ing in this country for pleasure, who val
ued lost baggage at SIS. 600 claiming that
ii consisted of splendid costumes, gowns
and jewelry, but she was held as entitled
to receive but $4,000 by the court.
This law, Mr.. Adams stated was upon
the principle of rightful calculation. for if
the trunks of the traveller did contain
every cents worth of goods as claimed
this was out of all proportion to the fare
paid the railroad company for the trans
portation of such valuable baggage, and
the court had so held
Judge MacDonell held, however. to the
transaction as the facts stood, on the face
of the proposition-that it was a contract
entered into by Miss Mills and the rail-
road company when she purchased her
ticket to the effect that the railroad COM
pany agreed to transport her and the
baggage from Asheville to Savannah, and
that 1t had failed in this contract in that
1t had totally destroyed the baggage, the
value of which is established and ad-
mitted The loss being total, he claimed
that the settlement should be in fun.
These were. In brief, the main points in
the case upon which the counsel, pro and
con, made their battle at law. When the
testimony was all in Judge MacDonell
reviewed it for the plaintiff. and made a
forceful appeal to the jury in behalf of
the claim set up by her. He was fol-
lowed by Mr.. Adams, who spoke for the
railroad. and brought out strikingly the
points of law mentioned, as shown in the
decisions of the supreme court. He also
argued that the decision as shown from
other supreme courts by the plaintiffs
counsel could have no effect on the case.
since the general trend of the supreme
court of Georgia, in which state the case
was tried, is contrary TO the points in
voved
During the trial there were not a few
attempts at pleasantly, which were great
ly enjoyed, and which We're entered into
by the parties at interest in perfect good
humor
After the speeches and arguments of
the lawyers Judge Norwood announced.
that owing to the lateness OF the hour he |
would not charge the jury in the case I'M |
III this morning. He will probably de- |
liver his charge at the opening of court |
and then the case will rest with the Jury |
for a verdict.
70 BE a LIVELY GAME.