Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1900-04-28
LS3,OOO FOR MIR. PERRY.

L$3,OOO FOR MIR. PERRY.
Rev. Robert D. Perry, Presby-
terian preacher, of Blackstock, is
entitled to $4,000 damages at the
hands of the Georgia, Carolina and
Northern Railroad company. So said
York county jury last Wednesday
evening after patient hearing of the
plea of Mr.. Perry and the defense of
the railroad company.
The case has been one of unusual
interest. 1t seems that on November
IA, 1898, Mr.. Perry undertook jour-
ney from Van Wyck, S. c., to Ches-
ter, S. c., on G. G. & N. freight train
of 40 cars. The train stopped at Ca
tawba Junction for half hour for the
purpose of doing some shifting. In
stead of getting out of the train as did
other of passengers, Mr.. Perry kept
his seat on stool by the stove in the
caboose. Presently the cars backed
up against the caboose with consider
able force, and threw the old gentle
man a distance of some 10 feet against
a partition wall, bruising him about
the head and shoulders and ipjuring,
as he claims, his spine. The train men
gave him all possible attention; but it
was not until the next day that MIR.
Perry was able to continue bis journey.
A few days later he had apparently
recovered from his injuries; but after
ward the spinal injuries began to
trouble him to such an extent that he
was only able to get about on crutches,
and according to the testimony, he IS
now confined to his bed from the
same cause with no probability that he
will ever be able to be about again.
The legal battle over the question OF
damages was ably conducted on both
sides from start to finish, and though
the verdict was against the railroad,
according to the general opinion there
is as much victory for one side as the
other. Many who followed the testi-
mony through calculated that if the
plaintiff should get a verdict at all, ne
ought to get it for at least $4,000,
and thew seem to think that the rail-
road company is entitled to congratu'
late itself in getting off with such
com paratively small sum as $4,000.
On the other hand, those who were
led to side with the railroad company,
feel that under all the circumstances
there was really no just cause of action,
and the plaintiff was not entitled to
recover at all.
As he was unable to appear in per-
son, the testimony of the plaintiff, who
had been duly cross-examined, was
submitted in writing. The testimony
of Mr.. J. D. Davis, ticket agent at Ca
tawba Junction, who had not been
cross-examined, was also submitted
in writing. The witnesses who ap-
peared in person for the plaintiff
were: DR.. G.. w. Hill, DR.. ]. A.
Hayne, DIR. w. G. White, G. NJ.
Brice, Miss Mary Perry, daughter of
the plaintihf) and Rev. W. G. Neville.
The witnesses for the defense were T.
B. Sale, conductor of the train J. H.
Pinckston, engineer; Rev. J. w. Lit
tie, a Baptist minister ; NJ. P. Simpson,
Pinck Carpenter, Tyler Began, J. Il.
Caldwell, w. R. West, J. H. Starnes.
1t was on the testimony of Rev. MIR.
Perry and Rev. Mr.. Little that the
most material issue, whether or not
Mr.. Perry was guilty of contributory
negligence, hinged. According to the
testimony of Mr.. Perry, he had fire.
ouently made the trip from Van Wyck
to Chester on freight trains, and was,
therefore, familiar with the usual con-
ditions. On the day in question it was
wet and cold, and as he had walked a
quarter of mile through the mud to
take the train, he sat on a stool near