The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-04-17
RAILROAD DAY IN THE COURTS.
One Thousand Eight Hundred Dollars Dana
ges for Killing Freeman.
Especial to News and Observer)

Especial to News and Observer)
| Greensboro, N. c., April 16-Yesterday
was truly railroad day in Greensboro
courts In the Superior court two such
cases were disposed of. In the United
States Circuit court before Judge Boyd
another was argued and the weeks clear
ed for action, and two cases brought up
by the Guilford Lumber Company of $3.50
each against the Southern Railway before
Squire Pritchett had to be continued I'M
til Saturday because attorneys were en-
ployed in the higher courts. This last is
the first case yet brought under the right
to sue for loss occasioned by failure of
transportation company to deliver goods
in reasonable time. 1t is thought the rail-
road will test it's constitutionality.
In the Superior court the case of d. P.
Ammon, adm, against the Atlantic and
Yadkin Railway was concluded late in
the afternoon by the jury returning YER
dict in favor of plaintiff for 81, 500. About
two years ago Ed Freeman was killed
on the track of the railway near the
Greensboro Female College and within
the corporate limits of the city. The rail-
road contended that Freeman was not
struck by the train at ALL but was lying
near the track when the train passed, the
engineer testifying that the train did not
touch him. The physician who attended
him testified that Freeman died from
profound alcoholism, and bruises on his
head were mere scalp wounds, which did
not cause death. The county coroner for
plaintiff testified that he examined Free
man after his death and the back of his
Oh al
Several witnesses testified that Freeman
was sober man and not dipsomaniac;
that he was a hard working man, earning
from $15 to $50 per week. The jury found
all issues in favor of plaintiff, giving
81 500 damages, which Judge Allen said
to them was a very conservative amount.
Messrs Barringer, Meekins and Eure,
attorneys for the plaintiff, thinking the
amount awarded too conservative have
given notice of an appeal.
Hon F. H. Busbee, representing S. w.
Trauers G Co., secured an order from
Judge Allen requiring the board OF di-
rectors of the North Carolina Railroad
Company to issue to his client duplicate
certificate Of stock to replace shares lost
in mail fourteen years ago, which had
been purchased by them Hon. S. M.
Gattis, representing the railroad claimed
that until the destruction of the original
shares had been established the board of
directors could not be compelled to issue
duplicates, citing a rule to that effect
adopted by the board Of directors au-
thorized by a law of 1885 Mr.. Busbee
contended that the Federal corporation
law of 1901 repealed the act of 1885 Mr.
Gattis, that it did not. Judge Allen held
with Mr.. Busbee and Mr.. Gattis took an
appeal to have this point settled
THE HEAD LINES DID IT"
In the Circuit Court before Judge Boyd,
Hon. Armistead Burwell, representing tho
Charlotte Observer, defendant in a suit
brought for libel by NJ. H. Dooley, Chief
Law Agent for the Southern Railway
Company, argued the demurrer filed by
defendant to the complainant. and was
opposed by ex-Judge w. P. Bynum and
Col w. A. Henderson for Mr.. Dooley.
Judge Burwell read the article COM
planned of, which related to an alleged
attempt at Randolph court by representa-
tives of the railroad to bride a witness
and an editorial comment themeon, and
claimed that upon its face there was no
charge of any wrong doing against Mr..
Dooley. Another point was that plain
tiff in his complaint did not allege that
five days previous to bringing the action,
in compliance with the North Carolina
libel law OF 1901, he had notified the pub
Usher of the injury complained of and
pointed out the cause of grievance.
Judge Boyd overruled the demurrer and
ho m
in time for trial at the October term of
the Circuit Court
One Of the strong points by the plain
tiff was that even If the body of the ar
ticle did not contain libelous matter
against the plaintiff, the head lines did,
and in the trial of the case the important
part played by the often hurried head
line editor will be star feature.