The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-01-20


is still on trial. 1t will doubtless go to
the jury this morning shortly after court
convenes.
The Hayes case has occupied the en-
tire time and attention of the second d.
vision of the city court since Monday, A
very large number Of witnesses were ex-
amined, much expert testimony was
brought out, and a visit to the scene OF
the alleged accident WIS made by the
Judge, jury, attorneys and witnesses.
The plaintiff is suing for damages to
the extent of $4,000 for injuries alleged to
have been received at Rising Station, near
Ensley. when he was struck by a car of
the defendant company.
The case of William Dawson VS.. the Biz
mingham Railway Light and Power com
pany was concluded in the first division
OF the city court yesterday morning,
verdict for the defendant being brought
in.
The case was taken up Thursday morn
ing and occupied all the attention of the
court until the verdict was brought In
1t was a damage case and there were
many witnesses examined.
The following new suit was filed in the
city court yesterday:
Thomas Nash vs. the Birmingham En-
| cheering and Construction company. for
damages to the extent of s5OOO The plain
| tiff alleges that he was severely and pain
| fully injured November 6, 1905. while at
work in a machine. shop operated by the
defendant company at North Birmingham
| and alleges negligence on the part OF
| the defendant or its servants
There were filed in the city court yes
| terday interrogatories by the defendant
| in the following suits:
Porter Landrum, pro ami John M. Land
clio Dol "
| and Power company.
Ruth Andrews vs.. the Birmingham Rail-
way, Light and Power company.
| w. w. Byers VS.. the Birmingham RAN
way, Light and Power company.
Albert IT. Bacon VS.. the Birmingham
Railway. Light and Power company.
| George C. Buckell vs.. the Birmingham
Railway, Light and Power company.
| William Killian vs. the Birmingham
| Railway, Light and Power company.
Mrs. Maud Meeks VS.. the Birmingham
Railway, Light and Power company
The case of Nancy Ann Moore VS.. the
Atlanta and Birmingham Air Line RAIL
road company was concluded yesterday
in the circuit court where 1t has been
on trial since the beginning of the week
| The jury yesterday morning brought in
( a verdict for the defendant, refusing to
| allow the plaintiff the damages prayed
for or any part thereof
| Mrs. Moore sued the railroad company
| for damages to the extent of $4,000, for
| the death of j. A. Moore, at or near
| Roper, Ala, some months ago. In the
| petition Ii was alleged that Moore was
| driving hog along the road when the
animal started for the railroad track, on
which a train was approaching. Moore
attempted to head the hog away from
the rails, and the engine struck and
1 trtI hn
! Suit for damages for the death of Moore
was brought, and another suit claiming
| damages of $51 for the death of the
hog, was also filed. This latter suit is
yet to be heard in the circuit court.
| A verdict for the defendant was
| brought in yesterday afternoon in the
circuit court in the case of w. b. Yaw
VS.. LeGrand Pearson. The case was pc
euliar, inasmuoh as damages to the ex-
| tent of $1,000 were asked on the allegation
| that defendant caused the plaintiff and
| his family to contract smallpox.
| The petition In the case set forth that
/ on May 81, 1904 the defendant had in
| his house one Samuel Yaw, who was
suffering with smallpox, and that he
| caused the said Samuel Yaw to be re-
moved to the house of plaintiff, who was
unaequainted with the nature of the Ill
ness; that plaintiff and members of his
| family contracted the disease; that plain
tiff lost the services of his wife and
| children for some time; and that plain
tiff was unable to make crop and suf-
| fered great mental and bodily anguish.
| The case of r. III. Thomas VS. M. N.
| Due is on trial in the circuit court, and
| is expected to be completed today.
| The following new suits were filed in
| he Ill
| Caroline Lewis VS.. the Empire Piow
company. The petitioner sues for dam
| ages to the extent of $500, alleging that
her minor son, Solomon Mines. was Sc
| verely shocked and burned by coming into
| contact with live wire while in the
employ of the defendant company at its
plant in Ensley, November 20, 1905.
| f. G. Iidwell VS.. VIII Haygood, $50 on
account of work and labor done.
Announcement was made to the effect
| that Governor Jelks has appointed lisa
| dore Shapiro, of the clerks office in the
circuit court. notary public
| The Birmingham Railway, Light and
Power company was made the defendant
in two damage suits filed In the city court
yesterday, as follows:
Mrs Mary d. Hudgins VS.. the Birming-
| ham Railway, Light and Power company.
! for damages to the extent of 5000. The
petitioner alleges that she WAS thrown to
the ground and severely and painfully in
jured while attempting to board a car
of the defendant company at Seventy
| fourth street. IN East Lake
| Mrs Repsa A. Pebworth VS.. the Biz
mingham Railway, Light and Power
company, damages to the extent of $40,
000. The petition alleges that the plaintiff
was knocked unconscious and severely
and painfully injured when one of the
cars of the defendant company ran into
J and collided with the vehicle In which
she was riding, at the intersection of
Third avenue and Fourteenth street, on
December 20. 1905.
Notice was filed in the probate court
yesterday to the effect that meeting of
the stockholders of the Simpson-Curt-
wright Mercantile company had decided
20 change the name of the firm to the
Smpson-Johnson Mercantile company. The
full amount of the capital stock was rep
resented at the meeting.
There were only small number of pol
TAX receipts issued yesterday. and the
clerks In the office of the tax collector
appear to believe that the number of re-