The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1902-04-25

panv, which has been in the circuit and
supreme courts for something over five
years, was finally decided blythe supreme
court, and on Wednesday, Messrs.
+: Cothran & Cothran, for the defendants,
! handed over to Hicks attorneys,
! Messrs. Johnstone & Welch, S2,S32.3o,
amount of verdict given by the circuit
court and all costs in the case.
! The case is most noteworthy one,
/ in that it is one of the very few cases
in which the supreme court has ever
! granted a petition for reargument,
! and the only one in which it ever re-
| versed itself upon a reargument. Fol
| lowing is brief history OF the case:
Coleman Hicks was brakeman IN
the employ of the Southern Railway
Company in 1895, and at the time "f his
injury was doing duty as a brakeman
| upon freight train heading into Bates
burg. The freight train, on account OF
it's length, and there being number OF
cars already on the siding, was unable
| entirely to clear the main line. 1t
pulled in as far as it could and left
| few cars standing On the main line, or
in other words the freight train was
''swinging." Mr.. Blanton, who was in
charge of the train as conductor, see
| ing the situation, ordered Hicks to
take a flag and 60 as far in the direc-
| tion of Columbia as possible and flag an
incoming extra passenger train. HICKS
got flag and ran as fast as he could
and as the train hove in sight haggeo
| it, delivered his message to the engln-
| eer as be slowed down in passing him,
and ran on toward the rear Of the train
| to board. The passenger train, after
Hicks had gotten on the bottom step
with one foot, 18th his entire weight
on that foot, made jerk, and IN his
| exhausted condition from the long run:
his foot slipped off the step and struck
| the rail and was Immediately passed
| over bv the wheels of the car The
| passenger train went on into Batesourg
| and left him in this condition. He was
afterwards picked up by an incoming
freight train half hour afterwards
and brought into Batesburg. He was
| then carried to Columbia the same
night and the next day the front part
of his foot was amputated by DR.. D. W.
Taylor.
Some time during the fall of the year
of 1897 suit was begun for $4,000 AT
| the March term of the court of 1898 for
Newt berry, verdict of $500 was re-
covered, Judge Gage presiding. Motion
was made by the defendant for new
trial, the motion being based upon the
! ground that Coleman Hicks was fell
| low-servant with the other servants on
the passenger train that caused his
Injury. Judge Gage reserved his de-
| cision at the time, and in about a
month filed his opinion, wherein he
held that Hicks was a fellow servant
with the njuring servants and, there
| fore, barred from recovering in this
action. At the March term of the court
| of 1899, Judge o. w. Buchanan presid-
| ing, the case was again tried and a
verdict for $3.50 was recovered. An
other motion was made by the defen-
dant for a new trial, based upon the
same grounds as that made before
Judge Gage. This motion was over
ruled An appeal was thereafter taken
to the supreme court by the defendant
and was argued in the November term
of the supreme court, 1900. and at the
following April term of the court in
1901 the supreme court filed its decls-
ion reversing the judgment of the lower
court upon one ground.
A petition was thereafter filed in the
supreme court on the part of Hicks by
his attorneys, asking the court for a
reargument on the point upon which
the case was lost. The petition was
granted and the case was set down for
reargumeDt at the November term.
1901. At that term the case WAS again
argued, and in February, 1902, the court
handed dowp an opinion wherein it
reversed its former holding, and af-
firmed the Judgment of the circuit
court. Thereafter petition was filed
on the part of the railroad company
asking for another reargument OF the
case. This petition was held by the
court without aclion until the 18th OF
April, 1902, when il was dismissed. On
the 23d of a pril, the defendant, through
his attorneys. Messrs. Cothrau & Goth
ran, paid the attorneys for Hicks
&, 8S2 35 in settlement of the Judgment
and all costs in the case. This ends
the case after being in court for five
wears and after being tried on the cir
cult twice, argued in the supreme court
twice, and after two petitions for re
argument were heard and argued upon
The supreme court was unanimous
in it's first opinion reversing the Judg
ment of the circuit court and unanl
NOUS in its second opinion reversing
itself and affirming the judgment of the
! lnwer r0nrt Ju6oe Gary writing bOti