The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-09-28
THE COURT.
Jury I'm Lloyd McCoy's Suit for
Damages Against the Carolina Gen.
trail Railroad for Damage to Timber
Land by Fire From a Locomotive,
Renders a Verdict of $500.

Pursuant to adjournment on Mon
day afternoon, the superior our OF
New Hanover county, met yesterday
morning at 8 O'Clock, his honor, Judge
Fred Moore, presiding.
The following were summoned to
serve for the day: J.. r. Davis, G.. w.
Green, w. B. Berry, Charles P. Driver.
+. L.. Muse, w. E. Springer, Samuel
Blossom, T.. c. Lewis, H. L. Borden,
Geo. D. Crow, H. G.. Saunders. Capt.
T. c.. Lewis and Mr.. w. z. Springer
were excused by the Judge.
The court resumed trial of the case
of Lloyd Mccoy against the Carolina
Central railroad for $500 damages, which
the plaintiff alleges was lone to his tim
Der lanes by fire started from a loco
motive of the defendant railroad, was
resumed. a number of witnesses were
examined and after speeches for the
plaintiff by MesSrs. George Rountree
and Herbert McClammy, and for the
defendant by Messrs. Meares and
Rourk, h court charged the jury. The
following issues were submitted TO the
jury to be passed upon: First, Were
the plaintiffs lands and timbersburned
and damaged by the negligence OF the
defendant as alleged in the complaint"
Second, What damage, if any, is the
plaintiff entitled to receiver" The jury
answered the first question yes" and
gave a verdict OF $500 for the plaintiff.
The jury found that the defendant rail-
road company was guilty Of negligence
in allowing inflamable material to re-
main upon its right of way, resulting
in a fire which spread to the plain
tiff's lands.
The following cases of parties con-
victed of misdemeanors in justice OIL
the peace courts, were heard on ap-
peal:
State VS.. Fred Hill, two cases, mol
pressed.
State VS.. Peter Bryan, two cases, mol
pressed.
State VS.. Thomas Groom, mol pressed.
State VS.. Ida Jones alias capius is
sued and ase continued.
State VS.. Thomas Lucas, called and
failed. Sci ia and capias instanter is
sued. The sheriff made return that the
defendant could not be found in n
county, so another capias was issued
and n case was continued.
State VS.. James Brown; j. w. Gar
ret, the prosecuting witness, called and
failed to respond. The case was dis
missed and the justice of the peace who
heard the case was instructed to en-
force the judgment according to law.
State VS.. Maggie Josef and Diable
Kallai, Syrians, charged with ARRAY.
Appeal sustained and defendants dis
missed as not guilty.
State VS.. J. R Caudle, appeal from
the judgment of a justice of the peace
requiring him to pay the costs in a
prosecution which he brought. JudS-
ment reserved till Saturday.
The court at $50 p. m. took a recess
till 10 o'clock h is morning.
Pursuant to adjournment for recess
on Tuesday afternoon, the superior
coup met yesterday at 9 a. m. His
Honor Judge Fred Moore presiding.
The following jurors were summon
ed for the day: E. n. Penny, ]. A.
ArringSale, G. H. Hutaff, T. P. Sykes
j. w. Strickland, George H. Grant
Leon George, Louis T~ruesdaIe, N. NJ
Farrow.
After disposing of a case that is not
OF any public interest, the court took
up the second case of Lloyd Mccoy VS.
the Carolina Central Railway Compa-
ny On Tuesday he got a verdict OF
$500, on a claim of $500 damages tC
his timber lands on account fire in 1897
originating from a locomotive. Yes
terday the second suit was for 1854 fol-
damage to the same lands from fire
IN 1893, and also damage to an orchard
and fencing. The case occupied the
of the court nearly all day
and up to 7:3O O'Clock last night wher
1t was given to the jury. A verdict
for $35 was rendered about 10:3(
O'Clock. Messrs. George Rountree anG
Herbert McClammy appeared as coun.
sci for the plaintiff and Messrs Iredel
Meares and Robert Ruark for the rail
road Company.
The following jury heared the case:
j. p. Walton, Henry Rehder, T. B.
Oldham, l.. l.. Bland, J.. S. Russ, J.
s. Canady, E. N. Penny, Ct. H. HUI
taft, J.. w. Strickland, George H.
Grant, Leon George.
The court took a recess till 9 O'Clock
this morning.