The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-09-17
FREE PASS AGAIN
Editor McNeiII's Case Has
a Fourth Hearing.
MAJOR w. A. Guthrie Talks of Evolu-
non IN Railroads and Law Illus
trating BY a House Cat and
Bengal TIGER Reference.

The Mcneil free pass case is again
having a hearing before the Supreme
curt, and the argument will be con-
,tuded lnls morning after forty min
Ltes having been given to. it yester-
lay.
The case has now been before the
supreme court four times. 1t is the
result of an accident in April, 1900,
n which Editor Mcneil, of Carthage,
vas injured by the derailment of a
train on the Durham and Charlotte
Railroad. near Gulf, in Chatham coun-
ty He was travelling on a free pass
md entered suit against the company
ior damages.
The first trial was in 1900 before
Judge Thomas A. MCNEIL, at Carthage,
and the verdict was $5,130 against the
railroad, which appealed on the
ground of an error in allowing GER
tain evidence. The Supreme court
granted the appeal and there was a
new trial.
The second trial was before Judge
Oliver II. Allen, again at Carthage. and
this time the verdict was for $4,000.
IN the trial the railroad set up the de-
tense that Editor, Mcneil was riding
on a free pass which had on it re-
ease of the railroad from liabilities in
case OF accident. The road appealed
and the Supreme court decided in ia
vor of the road, Diminishing the ac-
ton.
Then the plaintiff asked for a re-
hearing and tbs was allowed. ON the
rehearmg the Supreme court reversed
it's former ruling and gave judgment
III favor Of Mcneil against the rail
road. Then the railroad company
asked for a rehearing of the rehear-
ing. This being granted and the ease
set specially for the rehearing after
Third District cases were heard
though the case is from the Eighth
District.
Maj. w A. Guthrie, of Durham APP
peared for the railroad, while Judge
plaintiff. Mr.. w. j. Adams, of Car
thage, was here yesterday to appear
for the plaintiff but was called away
and Judge Shepherd will speak this
morning after Major Guthrie has spo-
ken for twenty minutes an hour being
given both sides.
In his argument yesterday Major
Guthrie discussed the physical evolu-
ton of a railroad and its machin-
cry. holding that the law should pro
gress just as these had He compared
the ancient railroad engine and the
modern big Four" puller to the re-
semblance between an ordinary house
cat and a Bengal tiger. In the course
OF this evolution discussion he usec
the following:
ION visit to the Worlds Fair a
st. Louis l saw in the Transportation
Building that which taught me the
physical evolution of the railroad
There We're the wooden rails with
V OGDEN pegs, the old rail with the cog'
| ir it, the iron rail weighing 80 pounds
to the yard and finally the smooth
rail with 90 pounds TO the yard There
was the first locomotive, George Stew
ensons Rocket" and a $40 ton en-
CINE of the big Four Route" The
Rocket was Iifeless, but the big en-
CINE was at work, it's big driving
wheels going, the whole fixed firmly
on a turn table, which revolved, yet
no mans hand guided. It could draw
an ordinary train of cars so miles ar
hour, q mile and a half a minute, while
| The Rocket went or 8 miles AN hour
At a glance | could see the great evo.
luton and the court should thus OBJ
| serve the evolution in the law from
the primitive to the present The Law
| has evolved from the past and while
some Judges look back they should
all look at the present and note th'
| new decisions, some made this year
which sustain the contention of The
defendants. The old is to the new a.
an ordinary house cat to q royal Ben
| cal tiger