Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1907-12-17
THE CIRCUIT COURT.

When the last issue of The Enquirer
went to press the court had just con
cluded the case Of E. B. Springs VS.. th'
Southern railroad, and had taken VI
the case Of j. Q. Wray against th'
same corporation.
The action brought by Mr.. Wray wa!
under statute which imposes pen
atty of $500 against railroad corpora
tions for changing the routing of con
signments of freight. Mr.. Wray hat
ordered a lot Of goods from Charleston
by one route and the railroad people
undertook to bring them another route
causing much delay. In response to
request for further instructions after 1
had retired, his honor told the jur!
that If 1t should find for the defendant
Il might return a verdict for $500 o.
any less sum. The jury returned
verdict for $3.50. Upon further consid
Grafton, his honor satisfied himsel
that he had erred in his instructions
and he set the verdict aside. w. w
Lewis for plaintiff; ]. E. Mcdonald TO
defendant.
The next case taken up was that o
]. ]. Keller & Co.. against the Sea
board Air Line railway. The plaintiff
had shipped a carload Of lumber t.
YorkvIlle from Van Wyck. The lum
ber was unreasonably delayed, ant
because Of the delay and exposure suf
fered damage that was assessed a
s57.17. The plaintiff sued for this dam
age. for SIS a day for each day Of un
necessary delay and $500 damages 10
misrouting. The wilfulness Of tn
misrouting could not be proved and
non suit was ordered as to that caus
of complaint. The jury, however, CAV
the full amount of damage asked 10
and penalties sufficient to make tn
aggregate amount to $162.17. w. W
Lewis for plaintiff; ]. L. Glenn for de
fendant.
Upon the call of the fourth weel
Jurors yesterday morning, the follow
ing answered:
S. H. Hay, H. R. McFadden. T. Z
Brandon, r. NJ Sifford, ]. S. Rainey
w. T. Nichols. w. T. Wood, Jos. Cobb
J. E. Oates, ]. NJ. Moore, w. w. Barr
8. H. Love, w. L. Williams, R. I. Al
lison, ]. E. Adams, J. L. ShillinglaW
]. B. Davis, E. L. Bales, Harvey Ham
ell, J. H. Campbell, ]. B. Wilkie, X. +
Harris, c. H. Sandifer, J. s. Wilkerson
w. G. Plexico.
The following had been reported b!
the sheriff mot found: A. E. White
sides, r. G. Beamguard, ]. B. Broad
max, w. s. Brown, w. N. Carter.
The following were excused by tn
court: w. G.. Lock, T. o. Flowers, Rob'
Witherspoon, G. w. Good, H. B. Max
we'll, W. H. Hope.
The venire was filled out from tn
seven mile box as follows: E. M. Shil
linglaw, ]. NJ. Ferguson, W. !. Wither
spoon. I. w. Johnson, John Hall, I. w
Clawson, Smith Gordon. F. M. Sandi
fer. It. T. Sandifer, J. r. Gettys, ]. F
Galloway, w. H. McCorkle, Quinn Wal
i
lace. J. E. Carroll, R. G. Ratchford.
The first case taken up yesterda!
morning was that Of ]. H. Sutton
plaintiff VS.. the Southern railway. MI
Sutton was injured in rear end col
Ision at Fort Mill in November, 1905
In his complaint he set forth that
car he was in was severely bumped b!
a collision with another train. Al
overhead lamp that was wrenche'
from its fastenings by the jar struci
him on the head and knocked him IN
sensible. He alleged also that he wa
permanently injured internally. H
asked for damages in the sum OF 3d.
600. Verdict for the plaintiff In tn
sum of 1880. Geo. W. 8. Hart 10
plaintiff; ]. E. Mcdonald for defen
dant.
The first case taken UP this morninl
was that of the Southern Railway VS.
Samuel Friedheim, involving q rign
of way. c. E. Spencer for plaintiff: W
B. Wilson, Sr., for defendant