Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1900-04-28

his feet and getting dry. lie proceeu-
ed without mishap to Catawba juno
ton. Here all the passengers except
himself got out. He closed the doors
and windows of the caboose, built uE
the fire and seated himself on the same
stool by the stove for comfort. Pres
emily there was tremendous jolt and
he was thrown some eight or ten feet
along the floor of the car, sustaining
serious bruises. Some of the train men
helped him out of the car to the ticket
Office, and when asked by the conduc'
tor whether he was hurt, said he hoped
not. He swore positively that he had
not previously been warned by Mr.
Little or any one else as to the danger
of the situation. He went on to testi'
fy that although he was never free
from pain from that day, it was not
until six months afterward that he
was compelled to take up crutches on
account of his injuries.
Rev. J. w. Little testified that he
had gotten on the train at Osceola
above Van Wyck, and saw Mr.. Perry
when that gentleman got on at Van
Wyck. He was not acquainted with
MIR. Perry at the time, and did not
know who he was. Mr.. Perry seated
himself on a stool at the stove. MIR.
Little went to Mr.. Perry and explain
ed, that he, Little, had been occupying
that same seat, and that he had been
thrown against the stove upon which
he had burned his hand. He showed
Mr.. Perry the burned hand and said
that if he had taken the advice of one Of
the trainmen, Starnes, he would have
kept off the stool. He warned Mr..
Perry that the train was long one,
and very rough, and that if Mr.. Perry
should remain on the stool he would
probably get hurt. Mr.. Perry replied
that he had ridden on railroad trains
before, and Mr.. Little repeated the
warning. The journey to CataWba
Junction was completed without mis-
hap. Here it was announced that
there would be stop of half an hour.
While all the other occupants of the
Car were preparing to get out, MIR. Lit
tie again went to Mr.. Perry and ad-
vised him to get out. Mr.. Perry paid
no attention. Mr.. Little got out and
watched the work of coupling until he
again became alarmed for the safety OF
Mr.. Perry. He went to the cab door,
stuck in his head, and said {: "Old
man, hear me; if you sit there you
may get your head broke, especially if
this train continues to kick as it did at
Osceola." Mr.. Perry paid no attention
and Mr.. Little went into the ticket
Office, from which he continued to
watch the cab. Presently the train
struck up against the cab, and through
the window, Mr.. Little saw Mr.. Per-
ry's body being projected along the
car. After Mr.. Perry was brought into
the ticket Office, Mr.. Davis asked him
if he was hurt. Mr.. Perry said he
hoped not; that his back had been
hurt before. Mr.. Perry and Mr.. Little
introduced themselves, and Mr.. Perry
said to Mr.. Little: "If had taken
your advice, would not have been
hurt" Mr.. Perry's injuriesgrew more
painful, and after while he began to
groan in agony.
There was no especial effort on the
part of the counsel to attack the testi-
mony of either minister; but each
side attempted to show by argument
how the other may have been mistaken.
The defendant held that the testimony
of Mr.. Little showed that Mr.. Perry
was guilty of contributory negligence,
and the plaintiff contended that it was
the duty of the defendant to shift its
cars without such humping as would
make such an accident possible.
Argument of the case occupied the
the greater part of Wednesday, and
was not concluded until after o'clock
in the afternoon. All of the
speeches were able, and undoubtedly
of more or less effect. Mr.. McCaw's
speech for the defense is generally con-
ceded by those who heard it to have
been an unusually good one. Mr..
Glenn presented the law and the facts
of his side, clearly and logically.
Major Hart made a strong speech from
legal standpoint, and Colonel John
stones speech was most eloquent ef-
fort. From the judges charge it ap-
peared that most of the law was on the
side of the defendant. The jury re-
maiued out but short time, and re-
turned with finding of $4,000 for the
plaintiff. One of the jurors afterward
told the reDorter that there was but