The Savannah morning news., 1904-10-19
FOXY GRANDPA
WILL HAVE TO PAY
SUPREME COURT so DECIDES.
MIR. WILENSNY AT LAST OUT
WITTED THE OLD SLEUTH.

Gave "A Savannah Man n Pass which
He Tried 10 Work Some of His
Tricks to Get Out of HOnOrinE.
So the Man Says, and the Courts
Took n Hand-AmOunt Involved
Was Only %25, but the Case Has
Been stubbOrnIy Contested in All
the Courts.
When the Supreme Court confirmed
the original ruling of Judge Pope Bar
row in the case of M. Wilensky VS..
the Foxy Grandpa Theatrical Com
pany ct al. it doubtless brought to
close one of the most unique cases ever
carried through the legal channel OF
Justices, Superior and Supreme courts.
The costs of the litigation will foot
up several times the amount involved;
ed exactly opposite each other, the
Supreme Court of the state having
been appealed to to determine which
was right.
The question involved before the APP
pellate court was whether or not Judge
Barrow had a right, under the law to
instruct jury in a lower court. In a
lengthy decision Judge Cam ruled that
Superior Court judge did not have
that right. Judge Barrow was sus-
tanned.
Mr.. Wilensky, who is the movant in
the case, is, of course, much gratified
to learn that the principle for which he
had contended is at last decided in his
favor.
The case is unique in the fact that
both plaintiff and defendant knew at
the outset that a litigation would be
much more than the amount involved,
no matter which way the case was de-
cided. William A. Brady, as owner
of the Foxy Grandpa show, was de-
PENDANT.
The suit was first brought in Justice
Bevans' court about two years ago.
The decision there was against Mr..
Wilensky. The case was then appeal
ed to jury in the same court, and
Justice BeVans was sustained. Mr..
William Boyd, attorney for the plain
tiff, certerioraried the case TO the SUI
perior Court and after hearing a state
ment of the evidence Judge Barrow
rendered an opinion and instructions
to the magistrates jury. The jury re-
fused to be governed by Judge Bar
rows ruling, and again decided for the
defendant. The case was again Ger
terioraried to the Superior Court, Judge
Cam refusing to interfere with the
rulings of the lower court where
question of fact was all there was to
be considered. The case was then APP
pealed to the Supreme Court, which
has decided that Mr.. Wilensky was
entitled to a verdict.
Grounds for the suit were that the
Foxy Grandpa" Company had failed
to carry out an implied contract. Mr..
Wilensky contended that he was on
gagged in a mercantile business on
Broughton street when an agent Of the
show asked and received permission
to place certain advertising matter on
the front OF his place of business. In
remuneration he was to receive one
ticket to the performance which the
banner advertised. He received the
where, he contends, he was told that
the ticket was not good for the per-
Torrance that night, but would be
good on the following night He de-
manded admission and said he was
told to go in and stand up. as the
ticket did not call for a seat lie
then entered suit for SIS. producing
witnesses to testify that the twenty
foot banner, which was stretched in
front of his place of business was val
ued to advertisers at about 81 per doy,
and it had been displayed for ten days.