The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-09-30
HEAVY DAY FOR
DAMAGE SUITS
Five New Ones Were Filed
Yesterday
VARIOUS CAUSES SET OUT
Two Against Mayor and Aldermen
Verdict for $2,35o in Circuit Court
Petition for Dissolution of Ex- -
celsior Electric Company

The doekets of the local courts were yes
terday swelled by the fling Of several dam
age suits, the aggregate amount of dam
ages asked being $4,000.
The largest of the suits was filed in the
circuit court by j. W. Dupuy against the
mayor and aldermen of Birmingham for
$4,000 growing out of the emptying of the
city sewerage into Valley creek.
The plaintiff alleges that for more than
thirty years he has owned certain lands
lying west of the city along the said creek
for distance of 1900 feet and that by rea
son CT the emptying of said sewerage into
the creek the waters have been polluted
and rendered unfit for stock and the lands
thereby rendered less valuable for pastur-
age or other purposes
In the same court Annie Williams filed
suit against William A. Smith for dam
| ages in the sum of 81, 500 for injuries alleged
to have been received on October 16, 1898,
| by stepping into a hole in the sidewalk in
| Eighteenth street between First and Sec
| ond avenues The plaintiff alleges that the
defendant is the owner of the abutting
property and negllgently allowed the water
| from his house to form said hole The
complainant also entered suit for like
amount against the mayor and aldermen
| of Birmingham, growing out of the same
| cause
The fourth suit in this court was filed by
| Carrie A. Harrison against James A. Bailey
| for 5000 Plaintiff alleges that on Octo-
| Der "A, 1885, defendant came to her residence
in Fourth avenue for the purpose of col
lecting rent and used threatening and vio-
| lent language and shook his fist at her,
causing her great alarm and excitement;
| that as a result Of said excitement she was
| made desperately i'll and was caused to
| undergo a dangerous operation and suffer
| ed great bodily pain. 1t is also alleged that
| other disastrous results followed.
In the city court Marcel r. Simmons en-
tered suit for 5000 against Richard M.
| Bates as damages for injuries alleged 20
| have been received on September u at the
corner of Twentieth street and Third ave
nue. by being knocked down and run over
| by 4 Vehicle driven by defendant.
Criminal Court
| A big docket was disposed of in the GRIM
ina court and the following convictions
resulted: Minnie Hughes. grand larceny,
| Frank Hale assault with intent to muir
| der; Addie Cole, assault and battery, fine
OF $50 Belle Fields, assault and battery,
| fine of So
The venire for the triad of capital cases
| beginning next Monday has been drawn as
| follows:
I. w. Pridgene, Martin Pearce. Dan Jen
| lsins, w NJ. Shoemaker, Luther Rose, Isaac
| Lacy, j. A. Baggett. J. R Spradlng, John
| W. Hawkes.. J. T. Etheridge J. d. Moore,
| j. s. Massey, William Byers, f. e. Wa
drop, W. II. Skinner, T. S. Smith II. C.
| Hammonds, A. r. Crowder, W. l.. CASTOR,
| W. J. Smlthson, James E. Fox, NJ. j. Huey,
J. W. Raney, w. b. Hnhouse. john Nc
Daniel, ]. j. Minter, James D. Goosby L.
| NJ. Goodwin, r. d. Burnett, William Steph.
| ems, Charles Waters, n. w Hollingsworth,
| D. T. Goodwin. A. S. Smith, Ed Workman,
| c. B. Bell, J. III. Dean, John F. Fletcher,
| Jr., Joseph Edwards. Lee Cowley. W. S.
McCulley, A. W. Smith, ]. ]. Snow, John
D. Collins, Matt Sapp. e. NJ Higgins, NJ.
| B. Herman, J. NJ. Baird. Williams Barnes
William C. Putnam. John Screws, Joseph
w. Meares J. J. Sullivan, ]. H. Williamson.
| t, M. Parsons, II. ii. Hayes, NJ. e. Good
win, D. B. Luster, j. c. Rowlett, James
| X. Brockman.
Peculiar Suit
rather peculiar case has been filed i'm
! the city court in which three stockholders
| who held the entire capital stock of the
| Excelsior Electric company petition the
court for the dissolution of the company
| and the appointment of receiver to take
| charge of it's affairs
The petition was filed by r. $. Gross.
| +. S. Williamson and Walter w. Beason,
| which was granted by Judge Sem who
named Marcella c. Hassele as receiver.
Attachments were run against the stock
| by N. A. Richards and the Metropolitan
| Hotel company, and order has been is
| sued restraining them from interfering
| with the receiver and both parties cited to
| appear on Tuesday to show cause why the
| order should not be made perpetual.
| Verdict for So $50
| The case of Charles A. Sem, register, VS..
| Henry Joseph ct AL, breach of bond, which
| has been on trial in the circuit court since
Monday was concluded yesterday and re-
| suited in a verdict for plaintiff for $3.50.
| The suit was the outcome of litigation
| among the stockholders of the Birming
| ham, Bessemer and Powderly Railroad
| company.
The case of the Louisville and Nashville
| Railroad company VS.. j. A Massey, eject
ment, was next taken up and is now on
| trial.
Relieved of Disabilities
In the city court James W. Shackelford
was relieved of the disabilities of non-age
nEnnnhas