The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-07
AN APPEAL WAS TAKEN
JURY WAS OUT ONLY ABOUT
AN HOUR.
LARGEST DAMAGES EVtR GIVEN IN WAKE
Case has Been in the Supreme Court Ono
B.f,re. Many Nice Legal Points Were
Involved in it.

Yesterday afternoon i'm Wake SUI
perior Court the jury in the case of
Hygienic Plate Ice Co. against the
Raleigh and Augusta Air Line Rail
road Company, brought in a verdict
in favor of the ice company against
the railroad company for $4,000, with
interest and costs. This is said to be
the largest verdict ever given in a
damage suit in Wake county.
The case had consumed the last
four days of the week and did not
go to the jury until o'clock yester-
day. In about an hour they returned
a verdict as above. Yesterday morn
ing Mr.. James II. Pou and Mr.. Armis-
tead Jones closed for the plaintiff and
Capt. Day and Major Bachelor for
the defendant. When the verdict was
announced counsel for the defendant
asked for Il new trial and being over
ruled. appealed to the Supreme
Court. The bond was fixed at $50
and appellant by consent was allowed
forty DAYS in which to serve his case
on appeal.
Messrs. Ernest Haywood, Simmons
q Pou. Il. H. Busbee and Armistead
Jones appeared for the ice company,
and Messrs S. H. MacRae, j. b. Batch
elor and MacRae d Day appeared for
the railroad company.
The suit grew out of the fact that
on August Goth. 1898, the ice com
panys factory was destroyed by hire,
which the ice company claimed was
caused by sparks from the Atlanta
Special engine. The fire was discoy-
cred shortly after the special passed
1t occurred just after seventeen
engines of the Seaboard were destroy
ed in the round house fire and the
road was short of engines at the time.
Plaintiff offered evidence to show that
sharks were seen to issue from the
engine as it passed the factory; that
the engine was defective, and that
Boylan's field and yard had been fired
by sparks.
Defendant claimed that though
short of engines. the special was pro-
yided with a good engine and the
shortage was only in the local and
freight service, that the engine was
proyided with the best. spark-ar
ers. was run by skilled employees and
was examined the day before and al
fer the fire and found to be in good
condition.
The case was tried in the Superior
Court here once before, but Judge
Robinson charged the jury that the
ice company was guilty OF contripu-
tory negligence. The Supreme Court
said he was in error and ordered 4
new trial. Judge Brown in this IN
evidence to show contributory negh-
gence.
OTHER CASES.
John Ward for himself and others or
der making parties plaintiffs consoildaI-
ing cases of James ]. McKoy US. n. {.
Gar Co. and the Raleigh Savings Bank
ys same. except as to Julius Lewis ana
G. H. Belvin, be consolidated with tna'
of John Ward, c. III. Belvin and Il.
G.. Smith. trustees. appointed commas
sioners to sell the property.
w. III. Moore VS.. Il. II. Montague.
Judgment confirming report Of sale made
by Armistead Jones. commissioner
II. r. Layton and others VS.. Charles
Husketh. Judgment for possession OF
land by consent.
W. A. Miatt VS.. Z. +. iowa. 1uus
n.ent that plaintiff is owner OF certain
personal property
Thomas Johns VS.. Jane Johnston ani
others. Order for publication and or
der appointing Jane Johnston. guardian,
at Item of infant defendants.
w. w. Whitfield VS.. A. T. Fuqua. Or
der that notice Issue to plaintiff I"
Justify prosecution bond.
w. II. Day. superintendent State
prison. Us. Weldon Oil Mill and Weldon
Corn Mill. Continued fo. .he time al
lowed to file pleadngs.
Raleigh Savings Bank VS.. n. c. Car
Co. Judgment in favor of plaintiff for
SG.011.12.
George c. DePoister VS.. Carpenter