The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-02-13
ATTACKED WHOLE PLAN.
Joe Hall of BIbb Criticised Relief
and Hospital DEPARTMENT..

The trial of the damage suit Of Mrs
Annie L. Finney against the Savannah,
Florida and Western Railway was begun
in the City Court. before Judge Norwood,
yesterday morning and continued during
the day. The plaintiff is suing for $4,000
damages for the homicide of her hus-
band, r. H. Finney.
The plaintiff contends that the death
of her husband, who was an engineer in
the employ of the defendant and who
met his death in an accident on the line
Of the defendants road. near Tampa,
Fla, was due 10 the carelessness and
negligence of the company and its agents
and that he himself was without fault.
According to the theory of the accident
adduced by the plaintiff and supported
by the testimony of her witnesses, the
engine on which the plaintiffs husband
was running, jumped the track, because
Of defects in its construction or then con-
dition. The engine was turned over and
the escaping steam from the boiler so
scalded and burned Finney that he diea
from his injuries a little more than two
weeks afterwards.
In addition to it's contention that the
derailment of the engine was not caused
by accident, but was produced by the I'M
lawful act of some one, not connected with
the operation of the train or in the service
Of the road, who placed a heavy piece
of timber on the track, the company de-
tends the suit for damages by saying that
the plaintiff has lost her right to sue
by accepting the death benefit given by
the Relief and Hospital Department of
the Plant System.
This latter contention makes up the real
issue in the case and is the one upcn
which it is being fought. After the death
of her husband the plaintiff received from
the Relief and Hospital Department the
sum of $500, upon which she signed an
agreement not to sue the road for his
death. 1t is contended by the plaintiffs
counsel that his agreement on her part
was totally without consideration is in
valid and cannot be enforced in law.
Mr.. Joe Hall of Macon made the open
ing argument for the plaintiff yesterday
afternoon. Mr.. Hall is the representative
from Bibb county who led the fight against
the construction by the state of a union
depot in Atlanta, and. by the way, won
the fight against big odds. In his argu-
ment yesterday, Mr.. Hall attacked Bit
terly the Relief and Hospital Department
of the Plant System and the whole scheme
Of its operation.
1t appears that the railroads making
up the Plant System require all of their
employees to become members of the de-
partment and to contribute a stated
amount of their salaries to the fund As
explained by Mr.. w. l.. Clay, of counsel
for the company when one of the en-
ployes is killed in an accident, his family
has the option of taking the death bene-
fit or suing the company for its negli-
gence in causing his death. In the latter
case, however, they lose the right to col
lect the death benefit and, of course, they
lose the benefit of all the assessments
that were paid by the husband or father
during his life
Mr.. Hall jumped on this plan with both
feet. He said it was bitterly unfair to
the widow to lose either her right to sue
or the right to collect the insurance upon
her husbands life for which he had paid.
She should have both, and he contended
that she has.
Arguments will be made to-day by Mr..
w. L. Clay for the defendant, and Mr.
Pope Barrow for the plaintiff. 1t is ex-
pected that the arguments will be con-
Guided during the forenoon and the jury
charged by Judge Norwood at the after
noon session at the latest