The Montgomery advertiser., 1904-12-21
The News of Birmingham

Louisville and Nashvflle railroad are
 effective January 1st 1905: T. D.
 Brooks, superintendent of South and
 North division and Birmingham
 Mineral railroad, headquarters Bir-
 mingham, succeeding B. M. Starks,
 elected general manager of system; !.
 R. Wheeler, assistant superintendent,
 South and North division, promoted to Nashville division, head
 quarters, Nashville. Tenn; E. J. Hay
 low. trainmaster Birmingham Mineral
 railroad, promoted to assistant super
 in ntendent South and North division and
 Birmingham Mineral railroad. Mr.
 Haylow is in the general hospital at
 Knoxville, Tenn, he being one of the
 victims of the awful wreck on the
 Southern Railway near New Market,
 Tenn, few months since. He will
 be discharged from the hospital on
 Friday. All of these railroad men are
 well known along the entire system of Louisville and Nashville railroad. Interesting Court Cases. case of unusual interest involving
 the construction of the statute of linn
 itations, came to a conclusion in the circuit court this morning.
 The cause was that of R. c. Free
 man vs. the Central of Georgia rail- way. Freeman was run down by an
 engine of the defendant company at Alexander City in 1898. and brought
 suit in the circuit court of Jefferson County in 1899 for damages in a large
 sum. Two trials resulted in verdicts
 for the plaintiff. $s.750 in one instance and $10.o00 in the other. Appeals to
 the supreme court from each verdict ended in the reversal and remanding of the case.
 This is how the statute of 1imita- tions came to be successfully invoked. The original complaint contained five counts. Counts 1, 2. and 3 charged simple negligence against the engineer. Counts 1 and under took to charge
 wilfulness and wantonness and were held to be good counts thereof. On appeal the supreme court decided that these two counts did not charge will bfulness and wantonness. in fact, did not charge anything. When the case l was rernanded count was amended and count s went out. Count was added, both counts and charging wilfulness and wantonness.
 On the second appeal the supreme court held that counts 4 and did charge wilfulness and wantonness as against the corporation. but not as against the servant or agent. the engi- neer, and there being no proof of tho participation in the wrong by the cor poration. the plaintiff had failed to make out his case. and was entitled to the general charge.
 Thereupon plaintiff amended this sixth count by alleging that the engi neer was guilty of wilfulness and wantonness. but counsel for the de- fendaht set up that defendant had not made this pleading within the limit fixed by the statute, and that 1t was therefore null and void
 Judge Coleman this morning sus- tained the contention and dismissed the case. thereby bringing to an end litiga- tion which had extended over a period of nearly six years.
 J. Gurley Burgin. general merchant at Coalburg. has filed for record in the probate court a deed of assignment to
 E. Mckenzie in the interest of cred itors. Mir. Burgin's liabilities are
 stated in the schedule to be ss,17624.
 real estate holdings. ss,01o; total ac- counts, $5,4oS.S4.