Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1904-12-23

cars in the creek quite a distance, KILL
ing Brickman and several others VINO
were on the train as passengers and
train crew, five I believe Is the num-
ber, and injuring some twenty persons
or more. The testimony further show
ed that said trestle was old and In a
dilapidated condition; that II was
built In 1887 out Of old field pine, and
had been only partially renewed from
time to time, and the officers and SER
wants whose duty II was to keep the
same in repair had knowledge Of the
fact that Il was not In fit condition
to be Travelled over and the timbers
exhibited during the trial were rotten
through and through.
Another significant fact was that
the servants Of the defendant burned
all the timbers. Of the wrecked trestle
as soon as they could. and 1t was due
to Mr.. Wylie. who had a SON In the
wreck, that any timber was saved to
be exhibited in. court.
The whole details Of the wreck were
extremely narrowing. In awarding
actual damages the rule has been laid
down by our own supreme court that
the jury can award such compen-
satory damages as they see proper un-
der the testimony proportionate to the
| injury sustained, and take into consid-
Grafton the earning capacity OF the
party injured, the loss Of companion
ship and society Of husband and faith
er, and any other injury sustained by
them. Now the jury had before them the
earning capacity Of Brickman. 1t can
not be calculated in dollars and cents
what his companionship and society
were worth to his wife and children,
or what injuries they sustained from
his untimely end.
Now. was there any wantonness on
the part Of the defendants? Under
the facts as proven and under our de-
cision there was. There was con-
scious failure to observe due care" 1t
was their duty to keep the road bed IN
reasonably safe repair. II they had
knowledge that this trestle was not In
a safe condition, and they disregarded
this and failed to do their duty and
repair the same, II was wilful, wan
ton and high handed disregard Of the
rights and safety Of the public and OF
tie train crew who had to run over
this trestle not to see that the same
was put In proper repair, and made
reasonably safe, and for this reason
the jury were justified In awarding ex-
en plary or punitive damages.
| II this action had been that OF pas
L
would not reduce the verdict, for ! re-
gard It as a reckless disregard of the
rights Of the public: but as the de-
ceased was consciously engaged In O
hazardous business, and one that he
knew he could not reasonably expect
TO follow all Of his expectancy or ur-
It'll he was an old man, and taking into
consideration the expenses OF living.
and also taking into consideration the
present value of money as compared
to his future yearly earnings, ] have
concluded to reduce the verdict as
think IT,. under all the circumstances,
somewhat excessive.
It is therefore ordered and adJudged
that n new trial be granted, unless the
plaintiff or her attorneys, within ten
aays after notice Of the filing Of this
order, remit on the record. fifteen
thousand dollars of said verdict. 90
that said verdict will stand for forty
thousand dollars.
r. C. WARTS. Presiding Judge.