The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1906-12-27
Beard Loses BIS Suit For $4,000
Damages, and Case Is Of
Vast importance

FAlRMoNT. Dec. 1s-A rather
important case has just been tried
In the eircuit court here. This was
an action brought by Edward Abbott
Beard. q resident of MARYLAND.
against the Fairmon, and clarksburg
Trsetion Company. Nr Beard claim
ed that he had taken passage on q
ear Of the Fairmont and clarksburg
Traction Company at Monongah on
the morning Of the Fourth Of July.
1905, in order to go TO Fairmont:
that before reaching Fairmont, the
car was filled with passengers. there
being over 80 passengers on the car
that after the car left Green street
on Locust avenue for some reason it
got beyond the control Of the motor
man and ran down the hill from
Green street to Coal run, and there
jumped the track Between the
curve at Patrick Ceilings stable and
Coal run Mr.. Beard Jumped out OF
the car through a window and lit on
the paved street. and in SO doing in
jured and sprained his right ankle.
and that as a result of such injury
and sprain Mr.. Beard claimed that
he had been permanently injured
He brought suit against the Fair
mont ana clarksburg Traction Com
pany to recover the sum Of ten
thousand dollars as damages for the
Injuries sustained by him
On the trial Of the case IT was
proven that Mr.. Beard was a passen-
ger on the car; that the car was
crowded when IT reached Fairmont:
that Mr.. Beard was Standing up IN
the aisle of the car with a great many
other people; that the seats Oh
either side of the car we're filled With
women and children; that the car
windows. or one Of hem, were
open: that after passing Green
street going in the direction Of Fair
mont the car got beyond the con-
troll Of the motorman or at least ran
down tn chill at a rapid speed: that
before reaching the curve at Mr..
Patrick Gettings' stable some two or
tire persons standing on the steps
of the car and on the bumper in the
rear Of the car jumped OF: that af-
ter passing the curve at Mr.. Get
tings stable. the plaintiff Beard)
became excited and Jumped through
car window over the heads Of the
passengers sitting on the seat on that
sidef and landed on the paved street:
that in lighting on the street plain
tiff Boards right ankle was injur-
4 ed and sprained. and that as re-
suit of such injury and sprain his
{ ankle had been permanently injur-
ed and weakened II was further
proven that Mr.. Beard was the only
passenger on the inside of the car
who jumped OF. either through the
windows or otherwise. and that the
others who jumped off were stand
ing either on the steps of the car or
on the bumper in the rear Of the
car, and that no person who remain
ed on the car when It ran on the
track at the foot of the grade at Coal
run was injured.
The court gave number Of in
structions to the jury, most of which
were to the effect thar if the act of
the plaintiff in jumping through the
car window while the car was in mo-
ton wa sthat of an ordinary prudent
and careful man, and that in so
jumping he only did what ordinarily
prudent and careful PERSONS would
do under a like situation. then he
was entitled TO recover. but If his
act in so Jumping vas not that of
an ordinarily pruda and careful
man. and that ordinarily prudent and
careful persons in ike situation
would not have iumaed through the
car window. then he plaintiff could
not recover.
The jury after reeeiving instruc-
lions from the court and hearing the
arguments of counsel for the plains
tiff and defendant returned YER