Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1903-02-07
THE COMMON PLEAS.

session on Marcn 4tn.
THE COMMON PLEAS.
It was announced in the last issue Of
The ENQUIRER that Judge Dantzler
had ordered a non-suit in the case of
Lillian S. Adams, administrative, vs..
the South Carolina and Georgia rail-
road. The order was made after the
forms of the paper had been put on the
press and it was not practicable to
state the grounds on which it was
granted.
In this case the plaintiff had brought
suit to recover damages against the
railroad on account of the killing Of
her husband, Ernest L. Adams, at Ca
tawba Junction on August "a, 1900.
The deceased was at the time In the
employ Of the defendant company as
brakeman, or f1agman. He was run
over and killed. The complaint alleged
that he was killed while the train was
making what is known as q fly
ing switch" That Is section Of cars
had been turned loose from the engine
to make a given point down grade, and
under no control except such as could
be exercised by the brakeman by
means Of his brakes. 1t was further
alleged that the accident was due to
the gross negligence of the railroad
company. After all the testimony was
in the counsel for the defense made
the points that according to the show
ing made, the switch was only an Or
binary switch-not flying SWITCH
and there was no evidence to indicate
negligence. On these points, counsel
claimed non-suit. The court sus-
tanned both points and the non-suit
was granted in the following order.
"That there was no testimony that
the deceased, Ernest L. Adams, was
engaged, at the time he met his death,
in making a flying SWITCH as alleged
in the complaint.
"That apart from the ground first
stated, there was no evidence of any
kind Of negligence on the part of the
defendant, as a cause of the death Of
the plaintiff inteState.
1.-THE motion for a non-suit by
Messrs. Geo. w. s. Hart and N. w.
Hardin, attorneys for the defendant,
ant to enter Judgment for costs
against the plaintiff"
The plaintiff was represented by w.
w. Lewis, Esq, and the defendant by
Geo. w. s. Hart, ESQ.,, assisted by N.
w. Hardin, Esq. Although counsel
for plaintiff was willing to admit that
he had been misinformed as to the ma
ture of the switch that was being
made at the time the plaintiff intestate
was killed, he was not willing to con-
cede that he had failed to show negli-
gence on the part Of the railroad COM
pany, and the probability Is that the
issue will be carried up to the supreme
court.
The next case taken up was that Of
Mrs. James Sutton against the Cataw-
ba Power company, Messrs James F.
and Geo. w. s. Hart, for plaintiff and
Messrs. Wilson & Wilson for defend
ant. The case was commenced on
Tuesday afternoon, on the following
complaint.
That on and before the 18th day Of
April, 1901, the defendant herein be-
gan the construction Of a dam from
the east bank Of Catawba river about
three hundred yards above plafnt1f
lands, for the purpose Of impeding ard
storing the waters Of said river; and
Of q
a. point a short distance below where
the unfinished dam projected into the
same, had built Of stone and timber an
extensive structure known as a Golfer
dam, of a height Of about thirty feet,
which extended from the west bank OF
said river to and beyond the middle
thereof one hundred and fifty feet.
That owing to the wanton and neg
ligent manner in which said Golfer
dam was constructed, and without due
regard to the rights Of plainttf here
in, the flood waters Of said Catawba
river were on or about the said 18th
day Of April, 1901, and days following
thereby diverted from their proper
channel by the obstructions aforesaid,
and were turned with great force and
in great volume upon and across the
lands Of plaintiff, tearing away pro-
tective embankments, tearing up and
washing off the soil and depositing
sand and other worthless substances
thereon, and rendering a large part or
the same unfit for cultivation and or
no value whatever.
That by reason Of said continued
Golfer dam obstruction in said river,
which was subsequently In the early
summer Of 1901, built and extended yet
further into and across said river, the
flood waters Of said river thereafter
continued to be diverted from their
proper channel, and were driven over
and across plaintiffs lands, tearing up
and carrying away the soil Of other
portions of her said lands, and depos-
iting other sand and worthless sub
stances thereon, rendering other large
portions thereof unfit for cultivation
or other use.
That said Golfer dam obstruction of
the height aforesaid, is yet standing
from the west bank into and partly
across the said river and Is daily be-
ing extended further into and across