Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-04-24
COMMON PLEAS.

The case of 3. NJ. Evans against the
Southern railway on which the court
was engaged when The Enquirer went
to press Tuesday afternoon. resulted in
a verdict for the defendant.
The next case taken up was that OF
d. L. Shieder vs.. the Southern rail-
way. This was suit for losses on
account Of shortage in a consignment
of cigars and damages because Of the
failure of the railroad to deliver the
cigars promptly. On demurrer by the
defendant, the court struck out several
essential paragraphs from the COM
plaint and the case was passed pending
the filing of necessary amendments.
Wednesday morning was devoted to
the case of w. L. Hill against D. l..
Good and II. G.. Brown, sheriff. This
was a suit to determine the ownership
of three bales of cotton involved be-
tween rent lien held by defendant and
a supply lien held by plaintiff Henry
Montgomery produced the cotton on
Goods land and turned it over to Hill
for supplies Hill and Montgomery
claimed Montgomery had contracted to
buy the land from Good and conse-
quently the rent lien did not exist.
There was evidence showing that there
had been at least a tentative trade be-
tween Montgomery and Good; but 1t
was not shown that the trade had been
actually consummated. The jury found
for the defendant, and also gave the
defendant consent verdict against
Montgomery.
Wednesday afternoon was taken up
in hearing argument on an appeal from
n magistrate court i'm Rock Hill. Judg-
ment had been entered against the
Southern railroad in fifteen penalty
cases-failure to settle claims within
the time prescribed by law-$5O in each
case. The railroad came in at the last
moment with motion requiring the
plaintiff to make the complaint more
definite and certain. The cases were
sent back to the magistrate on tech
nicality involved in the procedure.
The first case taken up yesterday
was that Of B. M. Faris. w. F. Boyd
and w. H. Windle, committee acting
for themselves and Flint Hill congre-
CATION against the American Telegraph
and Telephone company. This was
suit for damages because Of the alleged
action in cutting wide swath through
a grove belonging to the church with
out permission. The defendant ad-
mitted that it had cut right of way
through the church property but claim
ed that it had the permission OF the
trustees. The plaintiff alleged in the
first place that the trustees had no
power to act for the congregation in
such matter, without specific permis-
sion. in the second place 1T claimed that
the intention Of the defendant had
been misrepresented to the trustees
and in the third place 1t claimed that
the defendant had exceeded the alleged
rights that the trustees had granted.
Ine suit was lOi udHia6eS III 'iN ~
Of $4,000. The jury took the papers
yesterday evening and this morning
brought in a verdict for the plaintin
in the sum Of $1,5OO. Mr.. Nelson gave
notice Of a motion for new trial.
The next business taken up was the
case of C. S. May plaintiff against the
Southern railroad. This case grew
out of the hitting Of an automobile the
plaintiff was driving by cars attached
to a shifting engine. The machine was
injured and the plaintiff asked for
damages in the sum Of $500. The de-
fendant denied responsibility. w. M.
Dunlap, Esq, for plaintiff: J. E. NC
Donald for defendant.