The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-12-18
DFPENDFNT COAL OPERATORS Wit SUE THE B & 0. R
TracIon Case DeeIdeo
Beard Loses His SUIT For 10000.
Damages, and Case Is OF
Vast Importance.

i FAIRMoNT. Dec. 1S-A rather
important case has just been tried
in the circuit court here. This was
an action brought by Edward Abbott
Beard, a resident OF Maryland.
against the Fairmont and clarltsburg
Traction Company. Mr.. Beard claim
ed that he had taken passage on a
car of the Fairmont and CIarksburg
Traction Company at MononEah 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 1t
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 Gettings stable and
Coal run Mr.. Beard jumped out of
the car through a window and lift on
the paved street. and in so doing in
iured and sprained his right ankle.
and that as result of such injury
and sprain Mr. Beard claimed that
he had been permanently injured
He brought suit against the Fair
mont and 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 1t reached Fairmont;
that Mr.. Beard was standing up in
the aisle of the car with a great many
other people: that the seats on
either side Of the car were filled WITH
women and children; that the car
windows. or one of them. were
open; that after passing Green
street going IN the direction of Fair
mont the car got beyond thee 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 on; that af-
ter passing the curve at Mr.. Get
tings' stable the plaintiff tBeard)
became excited and jumped through
a 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
tin Boards right ankle was MUIR
ed and sprained. and that as a 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 Off, either through the
windows or otherwise. and that the
Others who jumped on 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 of the
track at the foot Of the grade at Coal
run was injured,
The court gave a number of in
structions to the jury, most of which
were to the effect that If the act of
the plaintin in jumping through the
car window Wnlle Ine 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 like situation. then he
was entitled to recover. but If his
act in SO jumping was not that of
an ordinarily prudent and careful
man, and that ordinarily prudent and
careful persons in like situation
would not have jumped through the
car window, then the plaintiff could
not recover.
The jury after receiving instruc-
tons from the court and hearing the
of counsel for the plain
tin and defendant. returned Ver- Z
dict for the defendant. i
This case was important in estab- /
fishing what are the duties Of pas
.engers on a train or street car in
eases of accident, or some unusual
causing excitement and
CONTINUED on page four.)