The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-02-28
SUING FOR HEAVY DAMAGE.
DR. J. b. READS SUIT AGAINST CITY
AND SUBURBAN RAILWAY.

He Claims %3O,OVO LOT DahAuESs rs
tbe Result of Coming i'm Contact
with a sagginG Trolley Wire-Was
Formerly Awarded Verdict for
$1,000. the Full Amount Sued For,
INIT a New Trial Having Been
Granted the Claim Is Increased to
$4,000, on the Ground of Having
Been Compelled to Give I'D "a Luz
crative Practice.
The suit of Dr. j. B. Read against the
civ and Suburban Railway Company for
$40 600 damages. for injuries resulting from
contact with an electrically charged wire
belonging TO the company's line, came up
in the City Court yesterday.
The accident on which the suit
"a based occurred late in the
afternoon of Aug. S, 1895. The
tracks of the former Electric Railway
Company intersected those of the City
and Suburban Railway at Whitaker and
ST. Julian streets. The trolley of an Elec-
trio Railway car, passing on st Julian
street caught in the overhead wires at
the crossing and dragged down the wire
of the City and Suburban for some dis
lance. the wire sagging as far IS Congress
street, Dr. Read was riding on Congress
street in his buggy shortly afterwards
and attempted to cross Whitaker street.
The dangerous wire was not seen by
DR.. Read and his driver until too late to
avoid it, Both were struck and as there
was a heavy current on the wire at the
time both suffered severe injuries. The
top of the buggy was torn off.
DR.. Read entered suit against the City
and Suburban Railway Company, al
though the latter company charged the
responsibility of the accident to its rival,
the Electric Railway Company. The case
was tried at the February term, 1898, of the
City Court, and verdict was awarded DR..
Read for the full amount sued for 5000.
The attorneys for the railway company
moved for a new trial, which was grant
ed, their ground for asking for a new trial
being that the judge had failed TO charge
the jury on a certain point to which has
attention had been called by them.
Since the granting of the new trial DR..
Read has amended his petition, increas-
ing the amount of damages sued for to
$4,000. The Increase in the amount of
damages is based upon the ground that
the injuries as the result of the shock
from the electrically charged wire have
proven Iuutu greater IMAM were at nrSt
supposed, so much so in fact that Dr.
Read has been compelled to give up en-
tirely large and lucrative practice from
which he derived an income of $4,000 to
$1,000 annually.
His driver, Edward S. Lloyd, colored.
also sues for $500 damages for injuries
sustained by him in the accident. The two
cases were consolidated by agreement of
the attorneys. The attorneys are O'Connor
n fAN.
and Barrow & Osborne for the defend
ant
After the evidence for the plaintiffs had
peeh introduced motion was
made by the attorneys of the railway COM
pany for non-suit on the ground that no
case had been made out. The rest of the
day was spent by the attorneys in argu-
Hleht upon this motion, the jury being dis
missed at noon until 10 O'Clock this morn
ing. The position taken by the ATTORNEYS
LOT the railway company is that the COM
pany was not responsible for the accident
Tor the reason that the condition of the
wires, which resulted in the accident. was
the fauit of the Electric Railway Com
pahy, for which the defendant was in no
wise responsible; and, further that had
not this been the case it would still not
be responsible for the reason that the
accident was due to the lack of exercise
ny the plaintiffs of ordinary care and pre-
caution. The dangerous wires being east
visible and the danger of electrically
charged wires being well understood il is
CANNED, that the plaintiffs had no excuse
III coming IN contact with the wire.
Dr. Read, Edward Lloyd, and Drs
Num-, Paige and Dunn were on the stand
as witnesses for The plaintiffs. DR.
Reads statement was that he did not
perceive the wire until he was within a
very rev feet of it, when ii was too late
70 call to the driver to turn aside Fear
ing mat he would be seriously cut and
bruised by striking against the wire. he
threW up his hand to ward off the blow,
put was not successful in doing so. the
wire striking him across the face, burning
ana bruising his nose. The worst injuries
We're suffered, however, from the electric
SHOCK the consequences being that he was
so seriously disabled physically that he
mas been compelled to retire from the
pracuce OF his profession. Drs. Num-
rage and Dunn confirmed DIR. Reads
testimony as to the injuries suffered by
NM and also as to the practice formerly
enjoyed by him, which, DR.. Num- stated
10 be worth $4,000 TO $12, 900 annually.
Inc attorneys for the plaintiffs reply to
the claim of non-responsibilty asserted
oy the attorneys for the defendant, by as
sertng that the defendant company was re-
spousibe for the condition of its wires be-
cause OF the fact of the use of an inferior
appliance by it at the junction of the wires
OF The two companies, which was unsuited
10 the WTes in use, and that the fact of
tne inferiority of the appliance was known
10 the company