The Columbus weekly dispatch., 1907-05-23
TWENTY THOUSAND
DOLLAR SUIT LOST
SUIT OF w. f. AND VI. E. SKIES
AGAINST THE TOMBIGBEE
MILLS WAS THROWN
OUT OF COURT.
Suit Was Filed TO Recover Damages
for Death of Plaintiffs Son,
and Demurrer Showed the
Mill Not Responsible.


who recently filed suit against the
Tombigbee Mills asking damages in
the sum of twenty thousand dollars
for the killing of their son, Bennie
Skies, has been thrown out of court
on a demurrer which was filed by
Messrs. Orr and Harris, attorneys for
plaintiffs, and which was sustained
by Judge Cochran. The accident on
which the suit was predicated occur
red on February 18th last, when
young Skies fell from an elevator
in the Tombigbee Mills and was
killed. At the time he met his death
the boy was engaged in operating an
elevator which transported spools
from one floor to another, and while
in the act of throwing one of these
spools at a fellow worker fell to his
death. In filing suit for damages the
plaintiffs, through their attorney,
Col. T. J. O'Neill, ayerred that the
defendant company was responsible
for the accident in not having pro-
yided an enclosure for the elevator
for the boys death in the above stat
ed sum. In their demurrer Messrs.
Orr and Harris contended that it was
not obligatory upon the defendant
company to have the elevator shaft
enclosed, and that such being the case
said company was in no way respon
sible for the death of young Skies,
which resulted from carelessness on
the part of the boy himself. In sus-
tanning the demurrer filed by Messrs.
Orr and Harris, Judge Cochran re-
moved the foundation upon which
the suit rested, and the case was
thrown out of court.
The above mentioned suit was one
of the most important on the civil
docket, and the fact that it has been
thrown out robs the present circuit
court term of a great deal of interest.
Other cases of more or less interest
have been continued, and the past
week has been largely consumed in
trying civil cases of minor impor-
tance.
The final report of the grand jury,
which follows this article, was pre-
sented to Judge Cochran on Saturday
morning, and in receiving the docu-
ment his honor took occasion to make
a few general remarks which were
addressed to the public as we'll as to
the members of the grand jury. The
Judge said that he had heard some
criticism on the light fines placed
upon two individuals who had been
guilty of violations of the law, and
said that there was some misunder-
standing regarding the matter, as the
two parties, who both plead guilty,
were fined $500 and sentenced to
three months on the county farm,
and were compelled TO pay $50, the
remainder being held up pending fu-
ture good behavior. The Judge stated
further that the remainder of the
sentence was not abrogated, but
merely suspended, and that if any re-
liable person ever informed him that
the parties concerned were again
violating the law, he would not wait
IOT COnNICllOn III duOtHeF CdSe, DuI
would have the parties brought be-
fore him and order the full sentence
put into immediate execution. Be-
fore closing his remarks the judge
took occasion to thank the people of
the county for the cooperation and
support accorded him in his efforts
to enforce the law, and assured them
that the same was heartily appre-
ciated.
Judge Cochran took occasion also
to compliment the officers of the
court upon the prompt and efficient
manner in which they discharged
their multifarious duties. Mr.. r. j.
Gunter, the urbane and obliging cir
cult clerk. has as his deputies Messrs.
Beverly Matthews and w. r. Moody.
while Capt. W. E. Pope is acting as
recording deputy for Sheriff Eggles-
ton. All of these officials are expe-
rienced men, and aid Judge Cochran
materially in dispatching business
smoothly and rapidly.
The civil docket has been practi-
cally completed. and the remainder
of the term will be devoted principal
ly to the trial OF criminal cases.
The following cases have been dis
posed of since the last issue Of The
Dispatch:
State VS.. French Wade. retailing;