The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-02-15
SUPERIOR COURT RETURN DAY.
SMALL NUMBER or CASES FILED
FOR MARCH TERM.

AIRS. Annie StrObhar suing the sn-
vannah. Florida and Western
Railway 60. for 100000 Damages
BENJAMIN a. Strobhar, who Was
Killed while Walking on the
Track of the Company, Nov. 10
Last-The Peculiar circumstances
of the killing Give Rise 10 an
UniUue Feature in the Claim
Against the Railroad.
Yesterday was return day for the su-
perior Court for the March term. only
snan number of cases was filed, however.
There was one damage suit and three or
four divorce cases. The Cby Court is ev-
identity the favorite with the lawyers for
civn business. there having been about
seventy damage suits and suits on account
filed for the present term. This is said to
be because tho rules of the court admit Of
the more expeditions handling of business
The principal suit filed yesterday was by
Alexander & Hitch for $1,000 against the
Savannah. Florida and Western Railway,
the plaintiff being Mrs. Annie f. stro-
DAhl- 4 lie sun Is on dtAoAl4A VI tAiE
death of Benjamin T. srobhar superin-
tendont of the police stables, who was kill
ed while walking on the tracks of the
Plant System between Gwinnett and Boil
ton streets Nov. TO-
There are features about this case, as
set forth in the plaintiffs petition, which
are likely to make the case of more than
usual interest. The claim is set forth
that the tracks of the railway company be-
tween Gwinnett and Bolton streets, dis
tsnce Of about 200 feet, have been common
ly used by pedestrians passing back and
forth between the two streets, there being
no connecting cross street near the rail
road track that this was done with the
knowledge and consent of the officials and
employees OF the railway company which
had by reason OF it's non-prohbition of
such use of its tracks, permitted and IL
censed this use.
The facts of the killing as stated in the
petition. show that the deceased was on
the right of way of the railway company
between the two streets named, being
about fifty feet from Gwinnett street The
petition states that IN attempting TO cross
from the eastern side of the tracks to the
western side, the deceased found freight
tram blocking his way and that while
passing around the end of this train he
was struck by yard engine which was
pushing four freight cars along the track.
moving backwards. There was no one on
the rear car to warn pedestrians of dan
ger, nor was any signal or warning of
danger given by the employees of the COM
pany.
The petition states that the employees of
the company and especially those station |
ed in that vicinity were aware of the Gus
tomary use of the tracks between Gwin-
nett and Bolton streets. 1t. therefore
charges that the death of the deceased was
due to gross negligence and wanton care
lessness on the part of the defendant
railway company and it's employees.
Mr.. Strobhar was IS years of age and
was receiving a salary of $55 per month
at the time of his death. 1t is evident that
the main point of contention will be the
question of the right of the deceased upon
the track of the railway company at the
place and time at which he was killed.
Mrs. William Z. L. Bashlor fled suit
Tor divorce from her husband, W T. I,
Basnlor. She makes serious and sensa-
tlonal charges against her husband. G
W. Beckett, Esq, Is the PLAINTIFFS attor-
ney '''0'
Mary Bail filed suit for divorce from
Marcus Ball. Henry McAlpin, ESQ. Is the
plaintiffs attorney.
A motion for new trial was filed YES
terday by the plaintiffs in the case Of
smith Bros. VS.. August Blum. the iurv
having given a verdict for the defendant
at the recent trial.