The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-12-13
WANTS $4,000 DAMAGES.
PLANT SYSTEM TRAIN HAND SUING
FOR THAT AMOUNT.


Had His Leg Cut on in an Accident
Near Lakeland. Fla, in January.
The Hospital Relief Department OF
the Plant system "A Feature of the
Case-Haupt Cases POstpOned-GeO.
Sweats Trial TO Come Up Dec FLA
WOuId-Be soldier Gets Guardian.
The time of the City Court was taken
up yesterday in hearing the evidence in
the suit of John Coleman, colored, against
the Savannah, Florida and Western Rail-
way for 10000 damages for injuries reeeiv-
ed in an accident at Galloway, near Lake
land, Fla, Jan. Y last.
Coleman was train hand on the Sa-
vannah, Florida and Western, and at the
station named it became necessary for
him 20 assist the engineer in pushing
some freight cars off a spur track onto the
main track. The method of doing this
was by placing a lumber scantling against
the tender of the engine and bracing it
against the freight cars by which means
the cars were pushed along by the engine,
which remained on the main track until
they received sufficient momentum to roll
Onto the main track unaided.
IT was Coleman's duty to place and hold
the scantling in position, and while en-
gagged in this operation on the date named
the scantling broke and he was thrown to
the ground, falling under the freight cars
and receiving injuries which subsequently
| cost him a leg, clear to the hip He re-
ceived treatment at the Plant System Hos
pital, and sick benefit dues while there
from the hospital relief fund amounting
to $50. He claims that the accident was
due to the carelessness and negligence of
the other employees of the company In
causing a sudden movement of the engine,
bringing the tender with great force
against the scantling, which he held, caus-
ing 1t to break with the results stated.
The claim of the company, on the other
hand is that the accident was due to
Coleman's own negligence and careless
ness, that he was holding the seantling
in wrong position and was standing on
the wrong side, contrary to instructions.
The road claims that if he had been stand
ing in a proper position he would not have
been struck by the broken scantling, and
consequently, no injury would have re-
| suited.
The question of the relief and hospi-
tai department of the Plant System and
the contract into which it enters with
its employees also figures in the case. In
der his contract with the company, Cole
man was only entitled TO receive the BEN
eits due from the hospital department
in case of sickness or accident. The re-
lief and hospital department seems to
make no provision, however, for compen-
sation for the loss.
The case is likely to prove an interesting
. one MI. Toomer of Waycross and Mr..
r. NJ. Hitch of Savannah represent the
plaintiff, while Mr. w. S. Chisholm rep
resents the railway company. Argument
in the case will begin this morning.
In the Superior Court yesterday, N. d
Screen, charged with burglary, plead
guilty to a misdemeanor, and was sentenc-
ed to twelve months on the county gang.
Mamie Howard, charged with assault
with intent to murder, was convicted of a
misdemeanor and sentenced to twelve
months on the gang.
In the certiorari case of DIR. w +. Aiken
VS.. George S. Haines, Judge Falligant dis
missed the certiorari and sustained the de-
cision of the lower court requiring Dr.
Aiken to pay Mr.. Haines $15 with inter
est from April 80 1893. and costs of court
This was contention as &c
the value of certain gas fixtures
left by MIR. Haines in the house at No
IA South Broad street, from which he
moved in 1892 and in which he was sue
ceeded by DR.. Aiken.
James C. Williams was granted a tota
divorce from Anna l.. Williams on the
ground of desertion. The parties are col
ored.
Letters of guardianship were granted
yesterday by Judge Ferrill in the Ordin-
aIy's Court to f. w. Scarce upon the per
> son of Harry Maggie. Nagle is a minor
who came here to join the Sixth Missouri
Regiment and this he could not do with
. out the consent of his guardian, his par
ents being dead. Mr.. Searse is an Off.
] Ger of the Sixth Missouri.
Judge FeTrill has been several times CALI
ed upon to appoint guardians for minors
in order 10 allow them to enlist in the reg
iments here.
The case Of George Sweat, charged with
> the murder of Pat O'NeiH, has been sci
for trial on Dec. q.
The cases against Mr.. George w. Haupt
which were to have come up for trial to
day, have been postponed several days
j, on account of the fact that Mr.. Haupt's
attorney, Mr.. R. r. Richards, is engaged
j., in other work
TEXAS AND IOWA's LINE UP.
], RcgimentaI Teams on the GridirOI
This Afternoon.
. noon at 8 o'clock to play off the tie gam
: Of foot ball on Thanksgiving day. Sine,
. the first game both teams have practiceC