Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1906-05-15
Supreme Court Sets Aside a $4,000
Verdict Against the Southern Rail-

Supreme Court Sets Aside q $4,000
Verdict Against the Southern Rai'-
road.
The state supreme court last night
handed down a decision In the cele-
brated case of Suda L. Franklin
against the Southern Railway COM
pany:. The action Of the lower court
is reversed and the case goes back to
the court IN. Greenviile county for q
new trial.
Mrs. Franklin brought suit for $5e,-
900 damages on account Of alleged In
dignities said to have been offered her
while she was a passenger on the
Southern railways train between
Greenville and Atlanta on the 1st Of
April, 1903. She secured a verdict and
was awarded $25, 1000 damages. The at
torneys Of the Southern railway ap-
pealed to the supreme court, and the
case was heard at the April term last
year. The decision has just been filed.
Associate Justice Woods writes the de-
cision, and his opinion Is concurred In
by Associate Justice Jones. Associate
Justice Gary agrees to the finding as
a whole but takes exceptions to the
ruling Of the supreme court In one par
ticuar. Chief Justice Pope files dis
senting opinion, for he believes that
the verdict Of the lower court should
stand. Though the court Is thus divid-
ed, the majority favor the granting Of
a new trial.
1t is stated in the opinion written
by Associate Justice Woods that she
was awarded a verdict for $3.50 dam
ages for IAN indignity which she aver
red she suffered from fellow passen-
ger In putting his arms around her and
taking other liberties with her person,
against her will, and using indecent
language in her presence"
1t was claimed that the alleged in
dignities and the fall which she receiv-
ed in trying to go from one part of the
car to another to escape his annoying
advances had brought on an illness
which resulted in great suffering. The
railroad company wanted to put In evil
dence the record from the Grady hos
pital at Atlanta (where she previously
had been treated) to show that the
physical condition of the woman was
such that such an illness was probable
even under ordinary circumstances. 1t
appears that on account of certain In
H., @,l nt. TnhnQ
was not allowed to testify as to the
record and this was one of the grounds
of appeal. The majority of the su-
preme court agree: I'VE think it there
fore competent for DR.. Johns to testify
from his record as to the statements
made by Mrs. Franklin 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 defendants attor-
neys. The defendant insists that the
circuit judge erred in charging the jury
that "a common carrier Is bound 10
exercise as high a degree Of care TO
protect its passengers from the wrong
or injury Of a fellow passenger as 1t Is
to observe an order to protect all Of the
passengers from injury arising from
the faulty construction of the railroad
track or the faulty running Of trains
In regard to this exception the su-
preme court says: This instruction
is we'll supported by the authorities
The opinion on this point covers three
typewriter pages
1t appears, therefore, that the plain
tiff wins on all of the points named
in the appeal with the exception Of the
admissibility of the evidence Of the
physician at the Grady hospital in At
lanta and some other matters of lesser
Importance.
This case at the time was known
facetiously as 1.-The hugging case,' al
though 1t deserved no such irreyerent
title. Mrs. Franklin Is a native or
Newberry, and her husband was on the
police force there. She was on her way
to Atlanta on a visit when she suffered
the experiences which she alleged as a
basis for suit for damages. The argu-
ment Of Mr. T. p. Cothran for the
Southern Railway company was one
of the strongest pleadings before the
| supreme court Of South Carolina for
! e. DIS.