The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-02-05
A VERDICT FOR 1884
WHAT THE JURY FOUND IN THE
SHEPARD DAMAGE SUIT
The Atlantic Coast line Attorneys
Took an Appeal to the Supreme
Court-Mrs. Shepard's Suit tor SS5,-
600 Continued to the April Term'
Another Divorce Granted.

1880
Judge Hoke presiding ..
Ten MINUTES before the court met the
jury which remained out all night on
the suit OF Jospeh G. Shepard, Jr.,
against the Atlantic Coast Line rail-
way of South Carolina. for damages in
the amount of $25, 600 raped on the
door. The foreman announced that the
jury had agreed upon q verdict, but as
Judge Hoke was then not present, the
jury was kept in the room. When the
court was called the Jury came in and
rendered it's verdict. The issues were
" as follows:
1. Was the plaintiff injured by the
negligence of the defendant? Answer
Yes"
2. Did the plaintiff by his own negli-
gence contribute to his injury? Answer,
NO"
8. What damage. if any. is plaintiff
entitled to recover? Answer. S9,584.
The defendants attorneys made a
motion for a new trial on the ground
that h verdict was not in acc Drdance
with the evidence. on exceptions to the
judges charge. and on account OF the
denial of the defendants motion to non
suit the plaintiff on the ground. as al
legged, that the evidence showed collat-
eral negligence on the part of the plain
tiff in crossing the defendants tracks.
Judge Hoke overruled the motion for
a new trial The defendant asked that
an exception be noted. Judge Hoke
then gave judgment for Mr.. Shepard N
the amount of SO, 1854. with interest from
January 2, and for the costs to be tax
ed against the defendant by the clerk
Of this court. The defendant then
took an appeal to the supreme court.
Notice of the appeal was waived, r
the appeal bond was fixed at 500. The
appellants were allowed thirty days to
arrange their case on appeal, and the
plaintiff was allowed 30 days thereafter
to file his u statement.
When the jury retired at 6 o'clock
Friday evening they were not long in
agreeing as to the answer of the two
first issues, but there was disagreement
as to the amount of damages to be
awarded. The first ballot was for
% ranging from $1,000, $4,000,
So,UUV, S1V,VOV, SlO,OUU, SAV,VVV, liz SEo,-
600. After varying the amounts, and
debating the matter most all night, a
compromise was arranged with So, 584
as the verdict.
The suit of Mrs. Winnie Bowden
Shepard against the Atlantic Coast
Line of South Carolina for s25,0G9 dam
ages, a separate suit from that in
--Is-L - -. 80 --o~
continued to the April term ot this
court.
DIVORCE CASE.
The court then took I'D and tiled the
case OF David Lee against Jose W. Lee,
an action for divorce. The jury found
a verdict for the plaintiff. and the court
gave a judgment for absolute divorce.
VERDICT SET ASIDE IN THE
HALES CASE.
In the suit of Laura CT. Hales against
Captain John w. Harper. in which the
jury returned a verdict for $50 dam
ages, B. G.. Empie. Esq. made n mo-
ton to set the verdict aside, as it was
not in accordance with the evidence.
The motion was granted. A motion for
a new trial was also granted aid the
case was set for a hearing on the first
Wednesday Of the April term.
APPEAL IN THE FOWLER. CASE.
In the case Of Mrs. Zillah Fowler
against John j. Fowler. an action to
correct a deed. in which a verdict was
rendered for the plaintiff. the defend
ant made a motion to set aside the YER
dict, because 1T was not in accordance
with the evidence and on account OF
EXCEPTIONS to the judges charge. The
motion was overruled. A motion for a
new trial was also overruled. and the
defendant appealed to the supreme
court. The appellant vas allowed
thirty days to file a statement of the
case on appeal and the defendant was
allowed thirty days to tile a counter
statement. Appeal bone was fixed at
$50.
OTHER CASES DISPOSED OF.
In the ease of DIR. Thomas S. Bur-
bank against the southern Bell Tele-
phone and Telegraph Company, a mo-
ton by the defendant to non suit the
plaintiff was overruled. The plaintiff
was allowed thirty days to HE COM
plant and the defendant thirty days
thereafter to file answer.
In the ease of Matt. ]. Heyer vs. j.
Q. Bell, judgment by default of the
defendant to put in an appearance was
given.
A Judgment by default was also Civ
en- against the defendants in h case
of d. l. Gore VS.. Jordan Nixon and
wife.
Judgment by default was given
against the defendant in the case Of M.
NJ. Mahn. guardian. against ID. M.
Bowden, and property attached was
ordered to be sold.
In the case Of j. NJ. Maypass ct al vs..
the Farmers Mutual Fire Insurance
Company, a motion by the plaintin
was made for the appointment OF a re-
oa;var The m0tiOu WAS granted and