Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-12-02
couRI oE COMMON PLEAS.

In the case Of A. S. Hand, plaintiff
vs.. the Catawba Power company, de-
fendant, the jury found for the plaintiff
in the sum of $S,773.5O.
This was the first jury case taken
up this week. 1t was commenced
Monday morning, and took up all of
, three days, the verdict being reached
and published at about 7.30 o'clock
Wednesday night.
This suit has been pending over
several terms Of the court, and an ef-
fort to settle 1t last spring before
Judge De Wore and jury resulted In
mistrial, the jury standing eleven to
one for the plaintiff.
The issue was alleged damage to the
plaintiffs millsite on Allison creek.
Sand had backed up behind the mill
dam In sufficient quantity to destroy
the water power, and the plaintiff laid
the blame on back water from the dam
of the Catawba Power company. He
claimed damages in the sum Of $4,000.
The defendant denied responsibility for
the damage, showing that its back
water does not approach nearer than
two and three quarter miles to the
dam, and claiming that the trouble
some sand had come down from above.
evening and in less than two hours re-
turned with the verdict stated above.
The plaintiff Is represented by
Messrs. Thos. F.. mellow and ]. H.
Marion, and the defendant by Messrs.
Osborne, Lucas & Cox, and ]. E. Nc
Donald and G. E. Spencer.
The jury in the case was composed
as follows: j. B. Barron, foreman;
]. S. Turner w. w. Love, j. w. SUM-
merford, Fred G.. Cook, c. T. Bran
don, D. ]. Biggers, l. B. Ashe, ]. r.
Scott, R A. Jackson, D. A. Robinson,
r. M. Robinson.
The next case taken up was that of
the Yorkville Monument Works against
the Southern Railway. This was a suit
for damages alleged to have been sus-
tained to a statue in car load OF mar
BILE between Rock Hill and Yorkville
and $50 penalty for delay in settle
ment. In justification for delay Of
settling the claim, the defendant set
up that the shipment had been billed as
fourth class freight while the statue
in the car called for double first class
classification, making the freight bill
over 500 instead Of only about "a. The
railroad agent at Rock Hill testified
that Mr.. Happerfield, the representa-
tive of the Marble company had told
him that the car contained only rough
marble, and Mr.. Happerfield testified
that he had called attention to the
fact that there was a statue in the car.
The jury found for the plaintiff In
the full amount sued for together with
interest amounting to $110.50 Mr.. j.
S. Brice represented the plaintiff and
Mr.. ]. E. Mcdonald the defendant.
The next case taken up was that of
Andrew Cook VS.. Thos. H. Allen, suit
for defamation of character. The
PLAINTIFF asked for damages in the sum
of $4,000. The plaintiff alleged that the
defendant had gone around the neigh
borhood declaring that plaintiff was the
man who had stolen defendants corn.
The plaintiff testified that he had
gone to defendant and demanded that
he either prosecute or stop making the
Objectionable statement. The defend
ant relied on the alleged similarity Of
tracks in his cornfield to tracks Of the
plaintiff as ground for his accusation.
In the trial the defendant put up wit
nesses to testify against the plaintiffs
character. Messrs. John R. Hart and
w. w. Lewis represented the plaintiff,
and Messrs. Thos. F.. McDow and ]. S.
Brice represented the defendant. The
case took up all of yesterday and a
part of this morning, the jury retiring
with the papers at about II o'clock.