Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1906-12-07
CIRCUIT COURT.

CIRCUIT COURT.
When the previous issue of The En-
quirer went to press, the court was en-
gagged in the trial Of the case Of the
McNeel Marble company vs.. Mrs. NJ.
E. Whitesides.
This was a suit for the purchase
price Of a monument the amount being
$142.50. The defendant admitted
conditional purchase, but claimed that
the conditions were not complied with
and also that the work delivered was
not up to the specifications Of the con-
tract. The plaintiff claimed that the
conditions of the purchase had been
complied with to the letter ard that
the work was all that had beer repre-
sented. Marion B. Jennings, Esq, for
plaintiff and j. S. Brice, Esq, for de-
fendant The jury remained out on
the case for quite while and finally
came in with a verdict for the plaintiff
in the sum of S67.67.
In the case Of H. F. Bookout VS.. the
Southern railway, the jury found for
the defendant. The plaintiff claimed
damages on account of the alleged fail
ure of the defendant to rest and water
car load Of cattle he had shipped to
Charleston. His claim was based prin-
cipally on the ground that the railroad
had not presented him with a bill for
the service. The railroad company Of
fered testimony to show that 1t had
fed and watered the cattle in Colum-
bia at a cost of IS. w. M. Dunlap,
ESQ.,. for plaintiff; j. E. Mcdonald,
Esq. for defendant.
In the case Of the New Home Sew
ing Machine company against the
Southern railroad, the jury found for
the plaintiff in the full amount sued
for, $294.00. The contention was over
lot Of sewing machines shipped to
Whitesides Bros. at Hickory Grove.
Whitesides Bros, paid for the ma
chimes with a note, and after the ma
chimes had been shipped became In
volved in bankruptcy. The New Home
Sewing Machine company refused to
accept the compromise that was Offer
ed in behalf Of Whitesides Bros, ten
dered back the note and notified the
railroad company not to deliver the
machines. The railroad company did
afterward deliver the machines to the
representatives Of the estate Of White
sides Bros M. B. Jennings, Esq, for
plaintiff: ]. E. Mcdonald, Esq, for
defendant.
Mr. E. B. Mendenhall, plaintiff, VS..
the Carolina and North Western rail-
road and Mr.. L. T. Nichols. The case
grew out of a motor car accident at
McConnellsville on June "a, 1905.
Mr. Nichols and several members OF
his staff were on their way back to
Chester from a business trip up the
road on a motor car At McConnells-
VILE the car struck Mr.. Mendenhall
as the latter was crossing the track.
Mr.. Mendenhall was knocked down
and badly bruised about the head,
arms and legs. His left hip was dis
located and his left knee was injured.
Mr.. Nichols had his nose broken and
he and others on the car were 9TH
ed that the car made noise that could
be heard several hundred yards away.
People at McConnellsville testified
that they heard 1t that distance, on
this occasion. 1t appears that Mr..
Nichols and others saw Mr.. Menden-
hall step down an embankment on the
Side of the track two hundred yards
or more ahead Of them. They slowed
their car. Mr.. Mendenhall, however,
continued to walk along the side OF
the track and assuming that he was
aware of their approach, the occu-
pants Of the car continued on. All this
time Mr. Mendenhall was walking In
the same direction the car was trav-
cling. When the car got within few
feet Of Mr.. Mendenhall. he attempted
to cross the track directly ahead OF
him and the collision resulted. The
testimony showed that Mr.. Mendenhall
Is a very deaf man, and that he had
not heard the car coming. His unfor
tunate turn across the track was MADE
at q point opposite his home, and OF
course, was natural. Though badly
hurt himself Mr.. Nichols sent for Doc
tor Love for Mr. Mendenhall and did
everything he could for the comfort
Of his fellow sufferer. He then pro-
ceeded on to Chester and secured at
tention to his own injuries Mr.. Men
denhalls complaint charged negligence
on the part of Mr.. Nichols In running
through the village of McConnellsville
Ut such a rapid rate, and violating the
law in his failure to give warning py
blowing a whistle and ringing a bell.
He demanded damages in the sum of
$4,000. The plaintiff was represented
bv Messrs Wilson & Wilson, and the
defendant by Messrs. ]. H. Marion and
w. B. McCaw.