The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-07-19
PRICE CASE COMPROMISED.
p,11uAY COMPANY EFFECTED \
sUTTLEMENT FOR 5000.

poy sides Well Pleased With the
pcsuit-Jury Might Have Given IA
r,rrer verdict, But 1t Would Have
Nom some Time Before the Plain
,iY would Have Been Able to Real
on fhc Verdict-A Mistaken I'm
,,-eSsion as to the Plant System
u.Iicf aud Hospital Department.
1ts Attorneys State-PrincipIe Has
Rcen Generally Upheld by the
Courts in other States.
r-a suit of w. S. Price against the Sa-
,,rrab. Florida and Western Railway for
;ri,rie. received while coupling cars in
,,a c3rpauys yards at Savannah was set
t,o5 out Of court yesterday by the payment
ot 5000 cash by the railway company as
.sr,lement in full. When the case was call
"a ,he attorneys announced that settle
men, hal been reached and the case was
dismissed.
The settlement Is doubtless regarded as
ooo5 one by both sides. AT former trial
If the case a verdict for $500 was given
,bs p,s.ndn. A new trial was secured
4 e,v tbe attorneys for the railway company.
rbe plaintiff and his attorneys expected
Il larger verdict on the second trial, and for
,p.s reason the offer of a settlement by the
attorneys Of the railway company at
smaller sum than was finally accepted was
,.clred. The attorneys for the plaintiff,
however were well aware that
Whatever the verdict might be,
should a settlement be refused,
III. matter would have to be fought
through the Supreme Court with the usual
DELAYS consequent upon such matters. Mr..
Price being a poor man and unable to work
on account of his injuries he decided that
5000 cash was better than the possibility
of .ar.er amount a year or two hence,
and authorized his attorneys TO accept the
offer Of The attorneys for the railway COM
pany.
The settlement was considered to be not
a bad stroke of business for the railway
comaany as those who heard The case were
generally of the opinion that verdict
would be found for the plaintiff for con-
siderable amount. One juror stated after
lhe.,ase was dismissed that the jury would
iNI nave AN tlAtl TIC Hid4AAtAAL lN79 tAiet'A
.N51U and other jurors were said TO have
favored even larger amounts.
Mr. w. L. Clay, who represented the
railway company, stated that the plea
with reference to the relief and hospital
depar-m,ut feature of the case which
wa, flied and afterwards withdrawn, was
Withdrawn by him because he found that
ths plaintiff had not received the full
benefits 50 which he was entitled from
the department and not because of any
fear of the legal standing of the relief
ard hospital contracts of the Plant Sys-
TEN.
"TAo impression which seems to pre-
vail that the relief and hospital depart
mert feature of the Plant System has
never been made an issue in the courts
is an error" said Mr.. Clay. 1.-THE issue
has never been squarely made in the
local courts here but it has been made
the courts in other counties in this
safe and the legality of the contract
has been sustained by the courts. The
sane thing has occurred in Florida and
South Carolina, and in the latter state
tae legality Of the contract has been af-
hrmel by the Supreme Court. The
issue has not yet been made before the
Suprcme Court Of Georgia, but there is
case now pending before the court in
"a this issue is involved and the at
|Wrneys of the Plant System confidently
believe that the department viii be up
held The case is that of Albert Petty
/ from the City Court of Brunswick, in
which Judge Atkinson directed a verdict
for The company almost as soon as il
was shown that the plaintiff had received
benefits from the relief and hospital de-
mrmarts The relief and hospital fea-
lure is no new thing with either the rail
way companies or the courts. 1t has
been feature of the large railway com
panies Of the North for number of
Years ana the principle has been frequent
Upheld by both state and federal
courts"
The case of John Coleman, the negro
u'deman. who secured a large verdict
against The Savannah, Florida and West
ern Railway and in which a new trial
was granted by Judge Norwood, was as
signed for trial this week, but by agree
4 lAtnt OF the attorneys on both sides the
VaSe was postponed pending the decision
lhe supreme Court in the Petty case.
!" tAe coleman case the plea of accord and
1 s'uSIdclon by reason of the benefits re-
eNed by the plaintiff from the relief and
hospital department. was part of the rail-
| way eompanys defense
as soon as the attorneys for Mr.. Price
u'ouhced their willingness to accept the
-gI oil the railway company for a set
'lsht the check for $1,000 was immedi-
E made out. It was on the
savannah Bank and Trust Com
r-y and was cashed there by Judge
YES shortly after il was receiv-
/ w., I0e check was paid in $40 gold pieces
/ nv maze a right hefty little package.
men Judge Twiggs emptied the pile on
e oesk in his Office there was heap of
.- ' 'aLser than is seldom seen in a law
once and the sight of which might
/ ay... make The average man hunger for