Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1904-12-02

empties came on from behind, and his
foot was badly crushed under wheel.
There was no dispute as to any Of
the facts in the case; but Mr.. Sanders
moved for q non-suit on several
grounds, the principal one Of which was
that the railroad company was in no
wise responsible for the injuries Of the
plaintiff. He held that at the most the
plaintiffs injury was due to an unfor-
tunate accident. He argued that by no
stretch Of the imagination could the
plaintiff be held to have been an en-
ploye of the railroad company at the
time. It was true that Mr.. Carothers
was agent Of the railroad; but he was
without authority to employ help Of
this nature, even under the circum-
stances, and that the plaintif could
only be considered as volunteer. Mr..
McCaw held that the act Of the agent
was the act Of the company and when
Mr.. Carothers, the agent, ordered Mr..
Jackson to assist In saving the prop
erty Of the railroad, Mr.. Jackson was
for the time being in the railroads en-
ploy. Both attorneys argued the ap-
plication Of the law as to fellow-ser-
wants pro and con, and after hearing
all that was to be said, the court over
ruled the motion for a non-suit. The
jury found for the plaintiff in the sum
Of $1,000. The complaint asked for
SIS, 900.
The case Of Dorothy H. Brickman as
Administrative, against the Southern
railroad for $4,000 damages on ac-
count Of the killing Of her husband,
Engineer H. c. Brickman in the Fish
ing creek wreck on Sept. 8, 1908, was
commenced at o'clock Wednesday
afternoon. Messrs. Legare & Holman
of Charleston and w. B. McCaw Of
Yorkville, appeared for the plaintiff,
and Messrs. C. E. Spencer and G. w.
s. Hart appeared for the defendant.
The plaintiff was the first witness
put on the stand. Mrs. Brickman ap-
pears 10 De dDoul loity ySoio oA oo>'
is rather above the average in size,
and while not strikingly pretty, per-
haps, is anything but homely In ap-
pearance. Mr.. Legare conducted her
examination in a somewhat dramatic
manner, and with consummate skill.
He began by asking the witness:
You are Mrs. Dorothy H. Brick
man?" @,z' '---.' >..'- -s- .
- II am.",, -. '.@ --..
THE plaintiff in this action?"
Yes, sir"
did you know H. c. Brickman?"
The features Of the witness began
to twitch as she replied:
II did"
After an impressive pause Mr.. Le-
gare continued.
where Is he now|
"He Is dead" replied the witness,
breaking into audible sobs.
Replying to further questions the
witness said she had been married to
Mr. Brickman nineteen years, during
which time five children had been
born. Her husband had always been
kind to her and her children and her
married life had always been su-
premely happy. Mr.. Brickman had
always managed to provide her with
everything she desired. He earned an
average Of about $40 month. She
had seen him last on the morning Of
September g. 1903, when on starting
out on his run he had told her and the
children good bye as usual. She
heard Of the wreck at Fishing creek at
about noon Of the Sd, but was not told
of her husbands death until o'clock
In the evening. She asked to be al
lowed to see her husbands body; but
was denied the privilege.
Mr.. C. E. Spencer conducted the
cross examination. He asked Mrs.
Brickman who 1t was that denied her
the right of seeing her husbands re-
mains and developed that the denial
was really one Of consideration, other
witnesses subsequently testifying that
the body had been mutilated beyond
recognition.
After the plaintiff followed Sheriff
Logan, w. j. Whitner, Harry Wylie,
d. M. Hall and several others who
were on the spot shortly after the
wreck and who were familiar with the
scene as 1t then appeared. Sherin
Logan described the smashed engine
and cars as he saw them, testified that
he had been in the lumber business
for a good many years and that the
broken timbers Of the trestle were for
the most part worthless and rotten.
Mr.. Whitner had been familiar with
the trestle for q long time previous 10
the wreck and was not surprised at
the final breakdown. On one occasion
while passing over the trestle at night
on foot the rotten edge Of a cross tie
had sloughed from under his foot and
came near throwing him of. He had
been near the trestle while trains
were passing and had seen it vibrate
violently. His work had been In sight
Of the trestle for quite while and ne
had grown accustomed to looking over
that way while trains were passing
expecting them to fall through. When
he finally heard of the wreck OF Sep
tember he took the news as a mat
ter Of course, having been expecting II
all the while. Mr.. Harry Wylie ap-
peared in court with a specimen OF
rotten timber from the trestle. He
explained that he had a son hurt IN
the wreck and he preserved the tim
ber for future contingencies. The
specimen was quite rotten and the
witness testified that 1t was a fair
average Of about 25 per cent of all the
timber in the structure. There was
some sound timber Of course; but
much of it that looked sound was rot
ten inside. He saw cross ties that
were rotten to the hearts, which could
be worked out by hand leaving only
decayed shells. The testimony of sew