The herald and news. [volume] (Newberry S.C.) 1903-1937, 1906-05-11
FRANKLIN CASE
HAS BEEN DECIDED
THE SOUTHERN RAILWAY COM
PANY WINS SUIT.
And New Trial Is Ordered-Mrs.
Franklin Received Verdict for
$4,000 Damages for In
dignities Offered Her OH
the Train.
The State.

The State.
The state supreme court last night
handed down Il decision in the ccle-
bratrd ease Of Suda l.. Franklin VS..
the Southern Railway company. The
action of the lower c"urt is reversed
and the ease goes back to the court in
tircrnvillc county for Il new trial.
| Mrs. Franklin brought suit for $50
oo0 damages on account nf alleged in
di"nities said to have been offered her
while she WAS Il passenger on the
Southern railways train between
Greenville and Atlanta on the LIST of
April, 1903. She secured verdict
and was awarded $4,000 damages.
The attorneys of the Southern rail
way appealed to the supreme court,
and the ease was heard at the April
term last year. The decision has Just
been filed. Associate Justice Woods
writes the decision. and his opinion is
c"nrurrcd in by Associate Justice
Jones. Associate Justice GARY agrees
to the finding as Il Whole but takes
exceptions to the ruling of the SIT
prrmr court in one particular. Chief
Justice Pope files dissenting npin-
ion. for he believes that the verdict
of the lower court should stand.
Though the court is thus divided. the
"a, e
trial.
II is stated in the opinion written
by AsSwialr Justice Wonds that she
was awarded Il verdict for $4,000
damages for ''an indi"nty which she
avcrrrd she suffered from il fellow
passenger in putting his arms around
Ecr and taking other liberties with
her lprrSnn. against her will. and uSin"
indecent language in her presence.
1t WAs claimed that he alleged i'll
di"nilirS and the fall which she re-
crlNrd in trying To 20 from one part
Of the ear to another to escape his
annnyin" advances had brought, on an
illness which resulted in great suffer-
ing. The railroad company wanted
to put in evidence the record from the
! Grady hospital ut Atlanta iwherc she
previously had been lrra,c,N /" show
that the physical condition Of the wo-
man was such that such an illness WAS
| probable even under ordinary circlm-
stances. 1t appears that on account
of certain intcrlincaiionS in the rec
ord DR.. Johns WAS not allowed to tcs-
liiy aS to the record and this was one
Of the grounds of appeal. The major
| ity of the supreme court agree: "Wr
think it therefore competent for Dr.
Johns to testify from his record as to
the statements made by Mrs. Frank
lin to him or in his presence and to
his own diagnosis
The court SuStains the circuit court
in some of the matters noted in the
exceptions of the defendant : attor-
ncys. The defendant insists that the
circuit judge erred in charging the
| jury that "a common carrier is bound
to exercise as high degree Of care
10 protect lis passengers from the
wrong or injury If Il fellow passcn-
ger as ii is tu observe in ,N'lcr tn pro-
tcct all Of the passengers from injury
arising ircm the faulty construction
of the railroad track or the faulty
running of trains.
In regard to this exception the SIT
prcmc court says: "Thi> instruction
is well supported by the authorities. -
The opinion on this point covers three
typewriter pages.
1t appears, therefore. that thc
! plaintiff wins on all Of the points
named in the appeal with the cXrrp-
, tinn Of the admiSSbiIitv Of the cvi-
tlcnrc of the physician at the Grady
hospital in Atlanta and some other
matters of lesser import aMcc.
This case AT the time was known
facctinusly as "thr huwuiw casc' al
thnu"ll il deserved no such irrrvrrent
Title. Mrs. Franklin iS II native Of
Nrwbcrry. and her husband was ON
The police force there. She was on
her way To Atlanta on visit when
she suffered thr experiences which
she alleged is basis for suit for
damages. The argument Of Mr.. r..
i. tOthran for the Snut thcrn Railway
company was one Of the strongest
nlradingS before the supreme court Of
South Carolina for years.