The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-09-18

irg TlAS.03. The plaintiff Was rep
resented bv NeSSrS. Simpson. Cooper
& Rabj, Of 1-aurens, and Messrs.
Hunt, Hunt & Hunter Of the local
bar, No member Of the Laurens firm
was present, the members Of the To-
cal firm appearing for the plaintiff.
The defendants 5 attorney was Mr..
Cole. L. Blease. Mr.. Blease being
out Of the city. a motion for a con-
tinuance on that ground was urged,
but was refused by the court. Mr..
Fred. H. Dominick, Mr. Blease's law
partner. was in court, but the case
was Mr.. Blease's case before the for
nation of the partnership. and MIR.
Dominick WAS not an attorney Of
record. Upon the refusal Of the mo-
tion for a continuance, it developed
that the defendant was not in at
tendance upon the court, and Mr..
Dominick consented that judgment
should be taken for the amount claim
ed. The jurv-the second empanelled
in the new building composed
Of the following gentlemen: William
Johnson. foreman; C.. H. Shannon,
Cyrus B. Schumpert. J. G. Brown. J.
A. Wallace. Robert 7. Puoh. G.. S.
Long. J. A. Burton. W. ". Berley,
J. T. Baker. J. B. Brehmer. D. B.
Cook.
1t was announced that the case Of
NIilburn Wagon company V. A. 7.
Brown had been adjusted.
The two eases of Mrs. Lalla B.
Stockman and Adam L. Aull V. the
Southern Railway company were tried
together, the plaintiffs being repre-
sented by Messrs. Hunt, Hunt &
Hunter and the defendant by Messrs.
Johnstone & Cromer. These cases
were taken up on Wednesday morn
ing, and concluded shortly after din
ner on Wednesday afternoon. The
testimony Of the plaintiffs was to
the effect that Mr.. Adam L.. Aull
had received a message from his SON
in-law in Columbia, in September,
1904, telling him Of the serious ILL
ness Of his daughter, md telling him
to come to Columbia on the first
train. Mr.. Aull and his wife-who
had since died-and his daughter,
Mrs. Stockman. and two Of their
children. went to the depot at Pomar-'
ia to take the mixed train which at
that time passed Pomaria somewhere
about nine o'clock. Their testimony
was to the effect that they tagged
it down, and that the train ran about
two hundred yards below the regular
stopping place before stopping, where
upon they gathered up their baggage
and started towards the train, when
the train pulled out and LETT them.
They were forced, they said. to wait
for ti.e regular passenger, which at
thet time passed Pomaria between
II and u clock. The waiting room,
they stated. was closed, and the
weather was cool. and they had SUI
fered themselves by the wait: and had
had considerable difficulty in taking
care Of the small children they had
with them. They alleged small pecun-
iarv loss after their arrival in Colum-
BIZ: as 4 result of having been delay
ed.
The railroad contended that for the
mixed train Pomaria was only a flag
station, and the waiting room was
never open at night. They produced
evidence in regard to the weather,
contending that it was mild, and Of
fering the meteorological record OF
Government Observer W. 6. Peter
son in support Of their contention.
They urged that the plaintiffs IN hav-
ING to wait for the regular passenger
had not been damaged, contendlng
that the regular passenger had better
accommodations than the mixed train,
and that the mixed train was late and
arrived in Columbia only p minutes
ahead Of the train which they had
intended to ia ke.
The jury, after remaining out
short while. returned a verdict III the
sum Of S240 for the plaintiff in each
case.
The case Of Dr.. G. Y. Hunter V:
Henry Heyman ct al. involving the
ppS<ession of two mules, was then
taken up. the plaintiff being repre-
Sented by Messrs. Hunt, Hunt, &
I l. H.1