Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1905-04-28
CIRCUIT COURT.

The case of John B. Moore against
the Catawba Power company was
concluded Wednesday evening with q
verdict for the plaintiff In the sum OF
$10,700 This Is the same amount that
was awarded one year ago with Z
per cent interest added. The plaintiff
was represented by Messrs. G.. w. g.
Hart and D. w. Robinson and the de-
fendant by Messrs. w. B. Wilson, A
G. Brice and C.. w. Tillet.
The next case was that OF the
French and American Importing COM
pany against w. B. Stroup & Bro
The defendant bought from the plain
tiff large bill of cologne, amounting
to about $3.50, on representations OF
the plaintiff to the effect that the
goods would sell themselves. and that
the plaintiff would guarantee to the
defendant liberal profits. After re-
ceiving the goods the defendant came
to the conclusion that the goods were
not as represented. and that he had
been deceived into trade that was
not as satisfactory as he had been led
to believe. He had made payment
or two in accordance with the terms
of the contract and shipped the bal
ance Of the goods back. The contract
however, was a small print affair that
USlu Tic uclCIiudhl
and the jury found for the plaintiff In
the amount Of the balance due, $120.23
The plaintiff was represented by
Thos. F. McDow, Esq. and the de-
fendant by ]. S. Brice, Esq. r-
The next case was that Of Mackorell
Bros. vs. Pitcher & Co., a suit for
damages on a car load Of corn. The
Plaintiff bought the corn from the de-
fendant with bill Of lading attached
as No. 2 corn I'm first-class condition
The purchaser was not permitted to
examine the contents of the car until
after the same had been paid for. The
complaint alleged that the corn was
in unsound condition. unfit for any
thing except hog-feed. John r. Hart
and ]. 8. Brice, Esqrs. represented the
plafntiff and Thomas F. Mellow. Esq.
represented the defendant. The jury
found for the plaintiff In the sum OF
$10363. ft
The next case was that Of Walter
B. Kerr VS.. the Southern railroad FOL
damages on account of the death OF
a mule The mule In question was
drowned in a pond on the public road
at Roddey's, and the plaintiff claims
that the defendant was responsible
for the pond because Of its failure te
provide a proper culvert to carry of
the water. Mr.. Walter M. Dunlap rep
resented the plaintiff and Mr.. G. w
s. Hart the defendant. Verdict fol
defendant.
In the case of Moore VS.. the Cataw-
ba Power company, defendants attor-
ney gave notice of a motion for new
triaf. II the motion Is not argued to-
day or tomorrow, Judge Purdy will
hear 1t at Sumter In June. .r...
The following jurors have been ex-
cused In addition to those already re-
ported: ]. L. Hemphill, w. ]. Col
tharp, w. d. Thomas. Julius Fried
helm, and the following additional ju-
rors have been chosen from the sever
mile hox: E. G. Pursley, r. II. ALI
son. ]. @. Wray, Harry Neil, G. M
Carroll. r. j. Mackorell, w. 8. Neil. E
M. Dickson. Mr.. Mackorell was ex-
cused. ..
While of course, 1t is impossible te
make an accurate orecast Of the
probable length Of trlss' or Of a term
of the court some of the more exper-
fenced court officials are Of opinion
that the approaching special term
will fall through before the end Of two
weeks for lack Of sufficient business tc
keep 1t going.