The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-03-03
INJURED WHILE AT WORK
HIS ARM CUT OFF AND BODY
MANGLED.
THE JURY WAS OUT FOR ONLY AN HOUR
Some Brilliant Speeches by Counsel. The Rail-
roads Attorney Devotes His Time to Abus-
ing the News and Observer. An
Appeal Expected.

The Southern Railway must pay
Samuel S. Coley $1,000.
That was the verdict of the jury yes
terday afternoon.
The trial was completed at 80 o'clock;
an hour later the jury came in with it's
verdict.
1t took just eaxctly two days to try
the case-Thursday and Friday. Three
quarters of the time was consumed by
counsel in argument
A stated in yesterdays paper, Coley
asked for $4,000 damages on account OF
injuries sustained while in the employ
of the Southern Railway on its yards
at Goldsboro. While thus employed he
was compelled in the discharge of his
duties to ride on the switch engine in
such position that he could signal to the
engineer. The engine was not a regular
switch engine, as it should have been,
but an ordinary locomotive. From it
the hand-hold, which one must use iii
jumping on the engine, was lost, and 50
in getting on and off Cooley used the
drain pipe, which is screwed in the en-
CINE, as a hand-hold
it was not allowed to be proved on the
trial, that he had the promise of the
road that this defect should be repaired,
but it was not done and one day the
drain pipe gave way and Drecipitated
Coley to the ground beneath the engine,
cutting off his arm and terribly mangling
him.
Three speeches were made. The first
one was on Thursday afternoon, by Mr..
w. B. Snow, for the plaintiff, Coley. Ii
was Il very fine argument, much compli-
mented by those who heard it.
Yesterday morning Mr.. +. Fl. Busbee
spoke fer the defendant, Southern
Eallr adj As is his custom much
Of his time was devoted to abuse of the
News and Observer. This feature Of his
argument was much commented upon
by those who heard it.
The speeches of counsel ended with
that of Col. Argo yesterday afternoon
in behalf of Coley: 1t was a very bril-
liant effort-logical eloquent and con
vincing, 4ta4
Referring to the great sympathy ex-
pressed by Mr.. Busbee for the MANNED
man, Col. Argo said:
sympathy never brought brad, it
never restored broken limbs or made we'll
the sick. Sympathy is all very NICE, 5ut
it costs nothing. We want some Substan-
tial expression of this railroad syrnpa
thy. We want them to put us back as
near as possible into the condition in
which they found us. Sympathy is ali
very good and nice. but we want some
thing more substantial than words
Continuing his argument he SAID:
THE greater the danger incident to q
service the more sound and secure and
firmly fixed should DE the instruments
furnished employees.
1T is no defence for a railroad TO come
into court and say, oh, we'll You krew
the appliances were not safe and sou
ought to have quit the service. Knowing
the appliances were not safe you remain
cd in the service at Your own peril. If
you continue and get hurt, you're as gull
ty as | am
us this the situation that must con-
front the man with a wife and children
at home depending on him for bread
The courts say this shall not be done
that Justice. reason and humanity forbid
it. The courts say that when man
does a thing under fear of losing his posi-
ton, he is not guilty of contrbutory neg
ligence."
Judge IIoke's charge to the jury was
lucid, fair and exhaustive. He care
fully reviewed the evidence in the case
and explained the law applying to it,
The jury remained out nearly an hour,