The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-12-17
VAUGHAN LOSES HIS
SUIT FOR 100000
Three Corporations Sued for
Boys Death Win Verdict
CONTRADICTORY NEGLIGENCE
Judge Coleman Gives the General
Charge in Favor of Defendants.
Plaintiffs Counsel Insists
That the Jury Be Polled.


After five succeeding days passed in
the trial. the well known suit of William
S. Vaughan for $4,000 against the Blr
mingham Railway. Light and Power com
pany and the Bell Telephone company
pany, the Birmingham Southern Railway
company and the Bell Telephone COM
pany. ended at o'clock yesterday after
noon with a verdict for the defendants,
William s. Vaughan sued for damages
alleged to be due on account of the death
of Frank Vaughan.
Judge Coleman. after listening to all
the testimony and arguments of coun-
sci on each side gave what is known as
1.-The general charge in favor of the de-
PENDANTS that is, he instructed the jury
that IL they believed the evidence in the
case they should render verdict in IA
vor of the Birmingham Railway. Lkht
and Power company and the Birmingham
Southern Railway company, and against
William s. Vaughan.
Jury Out Five Minutes.
Vaughan and Davidson, counsel for the
plaintiff, insisted hat tie iury retire from
the court room and consult upon YER
dict. This they did. After being absent
five minutes, the jury returned and an
nounced that they had found in favor of
the defendants Counsel for the plaintiff
then, in response to the courts inquiry,
insisted that the jury be polled. When
the poll was made. each member of the
jury said he coneurred In rendering a YER
dict in favor of the defendants.
The case was one of the most inter-
esting that has recently engaged the at
tention of the circuit court Frank
Vaughan, nineteen year old young white
man, had been killed last August by a
redJhot electric wire at the settlement
called Who'd a Thought 1t, seven miles
ives of Birmingham.
In Original Suit.
In the original suit the d,fendants
named were the Birmingham hallway,
Light, and Power company, the Birming-
ham Southern railway and the Bell Tel
ephone company. AS the case proceeded,
!; was shown that the last named ,corpo-
ration was not rightfully involved in the
litigation, and accordingly it was elimi-
mated as a defendant When the case
came up for trial before the jury, the re-
naming defendants in the suit, the Biz
mlngham Railway, Light and Power
company and the Birmingham Southern
railway, were represented by Hugh Nor.
row and A. G. Smith. The plaintiff
counsel for Vaughan and Davidson.
The Trial.
Interest in the trial was heightened by
tragic and humorous Incidents, and by
sharp clashes between opposing counsel
each side stubbornly contesting every
inch in the progress of the case The star
witness was John Smith. q years of age
who was standing near Frank Vaughan
when the latter was killed. 1t was his tes-
tlmony, offered in behalf of the plaintiff,
that compelled the court to instruct the
| jury to find for the defendant
Smith testified that young Vaughan
was standing near the electric wire when
1t caught afire; that the wire was red
| hot for "A distance OF foot and a half;
that 1t was burning the weeds and drying
| the sand around It; that Vaughan saw
all this. wondered what the matter was
and was warned not to touch it, anc
that in spite of all this, Vaughan reach
ed out his hand and touched the red-ho
wire. Upon this Testimony the court helC
that Vaughan was guilty of contributors
negligence
The complaint against the Birmingham
Railway, Light and Power company wal
dismissed early in the day with the con
sent of the plaintiffs counsel. After thu
agreement made Thursday afternoon b,
Mr. Morrow, the plaintiffs counsel adj
mitted that, inasmuch as Mr.. Morrow
client did not know, and was not expect
ed to know that the path over which
the wire was strung and upon which
It fell, was frequently used by the pub
lie, it could not be held liable. The court
therefore, gave the jury the genera
charge In favor of Mr.. Morrow's client.
Speeches BY Smith and Davidson.
The morning hours of yesterday wer
taken up with speeches made to the jur,
by Mr.. Smith and Mr.. Davidson, the for
mer for the Birmingham Southern rail
way, the latter in behalf of the plaintiff
Mr.. Smith contended that the dead youn
man had been guilty of contributor
negligence. Mr.. Davidson combatted tn
contention.
A few minutes after II o'clock Judg
Coleman began his charge to the jury
He continued until the noon hour whei
a recess was taken. The trend of his re
marks was that the tragedy was due u
contributory negligence. 1t was not GER
tain. however, when recess was taken
that the case would be taken from th'
jury. All doubt was, however, dispeiieo
the moment court reconvened at o'clock