The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-11-05
"HIr WERE YFARLING,"
A humorous Phase of Major Wa'lington's SUIT
Against the seaboard
(Special to News and Observer.

Especial to News and Observer
Greensboro, n. c., Nov. 4.-The case of
Major W. H. Warrington against the Sea-
board Air Line Railroad for $4,000 dam
ages, caused plaintiff by being injured
in a wreck near Macon. in Warren coun-
ty last year, is engaging the attention of
the Superior court here today. A great
many witnesses are present and the evl-
dence for the plaintiff is largely to show
his good character, and the fact that for
more than a year his mental and bodily
nfrmities have greatly increased.
The defendant railroad company denies
that Major Warrington was injured, and
its examination of witnesses SO far put
up by him, indicated that another con-
tention will be that Major Warrington has
no occupation, and has not had for many
years, and therefore, if damaged, the
measure in dollars and cents for loss Of
earning capacity would be inf1niteslmai.
Capt. w. H. Day, of Raleigh, who, with
Messrs. King & Kimball, appears for the
Seaboard, in reply to an objection by the
plaintiffs attorneys, MessIs. Barrlnger and
Bradshaw, of his asking Major Warrington
of his travels, and his mountaineering
at Hot Springs with Jesse James, said
that his purpose was to show that Major
Warrington had no regular business, but
that he was 'peripatetic philosopher.
The witness was proceeding to give
most interesting account of his familiarity
with Jesse James, when his counsel OBJ
jecting, the Judge broke it off, much TO
the disappointment of bystanders, who
were anxious to know something about the
noted outlaw. Captain Day also asked the
witness if he was not the plaintiff in "a
I = 4 81
eigh and CASTOR Railroad, known as "the
bull case" Counsel for plaintiff strend-
ously objected to bringing this matter ip,
but the judge ruled it permissible Major
Warrington replied with a great deal of
earnestness that there ''wern't no bull III
it, it was yearling,' and that although
he thought he was permanently injured
when he brought that suit, he had recov
cred, and at the time of the Macon wreck
he was as stout a man physically and
mentally as ever walked or rode on the
earth. OF any where else" Whenever
Captain Day would refer to the former
damage suit as "the bull case the W.T.
ness would at once correct him, by de-
claring the newspapers had lied about it,
for it was yearing and not a bull In
that case he sued the railroad for $4,000
yearling off the track, the yearling col
ided with Major Warrington. doing him
damage, and he sued the railroad, but lost
his case. He said he was advised to bring
the suit by Col. T. NJ. Argo, one of the
"best lawyers in the State
Major Warrington also denied that in
the yearling case. he had a gun on mis-
shoulder, the impact with the yearlins
discharged the gun, the load going into
and killing valuable COW. for which
he was sued by the owner and had to
pay damages, or that he and the yearlins
fell into a pond and were nearly drowned
No such bill of particulars for damages
had been filed in his suit against the
or thought Of
The case here is attracting much in
terest and from the evidence of Major
Warrington, he was most seriously injured
last year in. the Macon wreck.