The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-04-30
THE SUPERIOR COURT
Mr.. B. F. PENNY'S VERDICT FOR $4,000
SET ASIDE.
4 New Trial of His Suit Against the
Atlantic Coast Line Ordered-Charles
Carter, Colored, Gets So, 900 DAM
ages Against the Cape Fear Lumber
Company.

Pursuant to recess on Friday even
ing, the Superior Court Of New Han
over county met yesterday at 10 a. m,
His Hon. Judge Hoke presiding.
The $4,000 damage suit Of Charles
Carter, colored, against the Cape Fear
Lumber Company, was resumed. Con-
gresham Bellamy, of counsel for the
plaintiff, concluded his argument be-
gun on Friday afternoon, speaking for
more than an hour. Judge Hoke then
delivered his charge and the jury re-
tired at 11:27 a. m.
Yesterday afternoon at 4:45 the jury
returned verdict. answering the is
sues as follows:
l. Was plaintiff injured by the neg
ligence of the defendant?
Answer-Yes.'
2. Did plaintiff by his own negligence
contribute to the injury?
Answer-"No.'
3. What damage is plaintiff entitled
| to recover for the wrong and injury?
| AnSwer-"$3, ,000.''
| IredeH Meares. Esq, counsel for the
| defendant lumber company, moved to
| set the verdict aside, on the grounds of
| errors and that it was contrary to the
| evidence. The motion was over-ruled
| and Mr.. Meares excepted. Judgment
| was then entered, and Mr. Meares
| took an appeal to the Supreme court.
| Notice of appeal was waived. The ap-
peal bond was fixed at $50 and the bond
| for the stay of execution at So, 500
Thirty days was allowed Mr.. Meares
to make up his case on appeal.
During the session yesterday Junius
| Davis, Esq, made a motion to set aside
the verdict of Sc, COO rendered for Mr.. B
F. Penny in his suit for $4,000 against
the Atlantic Coast Line. John D.
Bellamy, Esq, opposed the motion
Eugene S. Martin. Esq, argued in
opposition to the motion and Hon Geo
Rountree in favor Of it. Judge Hokt
| granted the motion to set aside the
verdict and ordered a new trial on the
ground that the defendants had failed
to offer evidence and he thought the
matter should be fully gone into, as II
involved such a large amount.
The court disposed of other cases as
follows:
Samuel Blossom against John Hen.
ry BOesch decree of foreclosure made
Murchison National Bank agains
Cox; 60 days granted plaintiff to file
complaint
DIR. F. T. Burbank against Souther-
Bell Telephone and Telegraph Com
pany. non suited and continued without
prejudice.
1 D. L
mer. execution ordered to be issued.
| w. H. Howe against Stone, Rourk &
CO.. continued.
M. ]. Corbett against ]. b. Seller.
& Co.; alias summons for E. McRae.
II. E. McEachern against Whining
ton Street Railway Company settled
and non suit entered.
| Henry Martindale against JOSEPH
Altro set for Wednesday OF the frs
week Of the next term.
R E. Zachary against the City O.
Wilmington and county Of New Han
over, non suit entered.
Daily G. Vernon against J. w. Yer
non. action for divorce. Verdict anf
| judgment for divorce.
Judgment was filed in the case n
R w. Smith against the Inter-stat I.
Telephone and Telegraph Company
non suit being ordered and the de-
fendant required to pay the costs ac
cording to the consent Of all the mar
| ties.
| Judgment was entered in the suit NJ
c. s. Granger against the America
Bonding & Trust Company. II is or.
dered that the plaintiff recover of tn.
defendant s175 with interest from Apri
Is. 1891.
In the case OF the state against Ami.
Wilson, il was ordered that a canja,
be issued.
a judgment OF non suit was entered
in the case of Mrs. Elizabeth yolIers
against John Henry Boesch and others
| AT 5:25 D. m, Judge Hoke retired
from the bench stating that he would
allow the court to expire.