The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-10-07
COMMON PLEAS COURT.
Special Session Begun on Monday
Hon. ]. A. Mccullough
Presiding.

mon pleas was called on Monday
morning, in the court house at New
, berry, with Hon. Joseph A. McCul-
Tough of Greenville presiding. The
court is being continued through the
week. Only the cases on the civil
side of the court are being tried, and
OF these only such as were ready at
the last regular term of court.
The first case was that of Theodore
N. Kibler against the Southern to
recover damages for injuries done
his land by hauling rock and balias
therefrom. A verdict was found in
favor of plaintiff. Plaintiff was re-
presented by Sease & Don,inick, and
Lambert w. Jones, and the defense
was represented by 7. z. Cothran
and Schumpert & Holloway.
The case of Thomas Riser against
the town of Newberry, suit to re-
cover damages for personal injuries
received, it was alleged, by plaintiffs
falling into hole which was claimed
to have been left unprotected at the
edge of the sidewalk behind The
Herald and News building, was con-
cTuded at about six-thirty Tuesday
when the jury which had been out for
something considerably over an hour
brought in a verdict in favor Of the
defendant.
The plaintiff was represented by
the firm of Johnstone & Cromer, and
the defendant by Cole. L. Blease and
F. H. Dominick. Only two argu-
ments were made, that of Cole. L.
Blease for the defendant, and that OF
C. B. Cromer for the plaintiff. Plain
tiff attempted to prove that Mr.. Riser
fell into the hole while walking along
the sidewalk, and that he fell into
said hole because it was not suttl-
ciently protected and was dangerous
to the passer by. Defense argued
that hole was better protected than
plaintiff alleged and that Mr.. Riser
could not have fallen into the hole
had he not turned from the sidewalk
to the lot on which the hole is dug.
The affair happened last December.
The case of Toney Bcyce admins
traitor, against the Southern rail-
way, which was heard in the
common pleas court Wednesday,
was concluded Thursday morn
ing when the jury brought in
verdict in favor of the plaintiff, with
the amount fixed at SI7o. 1t seems
that son of Boyce was killed by the
Southern and the railroad agreed to
pay the administrator a clear $500.
It cost the old man something over
a hundred dollars to get out the nec-
essary papers to make it possible for
= him to collect the money, and the
suit was to compel the Southern to
make good this difference. The tes-
timony and arguments consumed
nearlyall of "Wednesday. AS soon as a
verdicewas rendered Thursday morn
ing the defendant made motion tor
new trial
Boyce was represented by F. H.
Dominick and C. L. Blease, and the
Southern was represented by 7. ?.
Cothran.
The continuation of the special ses-
session Of the court Of common pleas
was taken up during Thursday
with the case of Michael Haigler, by
his guardian, against the Columbia,
Newberry and Laurens railway. The
suit is to recover damages in the
amount of $4,000 for personal in
iuries received by plaintiff while
walking on the c., N. & L. track. 1t
is alleged that he was run over, both
legs being crushed in such a way
that amputation was necessary.
The case will not go to the jury un-
til today. The attorneys for the