The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-26
JURY UNABLE TO
REACH YER DICT
Will Take Up Case Of Green
Against Attorneys for An
other Sitting To-Day.
CASE HAS UNIQUE POINTS
Plaintiff Claims He Lost Dam
age Suit Through Negligence
of His Counsel.

After being out for more than an
hour last night, the jury In the dam
age suit of c. II. Green against O'Flah-
erty & Fulton and Edgar b. English.
reported that it had been unable to
agree. Judge Ingram adjourned court
unuI this morning at II o'clock. when
the jury Will make another effort to
reach a decision.
The case presents unique points in
Virginia practice, and the argument
on the instructions alone occupied the
greater part of two days.
Green claims to have been injured in
n street car accident several years
ago I,e retained o rlaherty Sc Fulton
and Edgar B. English to bring a dam
age suit against the street car com
pany. The suit was brought in the
Law and Equity Court in the style OF
c. II Green against William Northrop
and Henry T. Wickham, receivers of
the Virginia Passenger and Power
Company. The, attorneys failed for
some reason to file the declaration
within the time prescribed by law,
after ...e suit was instituted. but Judge
Ingram held that this was a matter
within the discretion OF the court. and
allowed 1t to be filed. and the case to
be tried. The jury awarded Green a
verdict for damaS IN the sum of
$4,000.
Green Loses on Appear.
The car appealed and the
Court OF Appeals set aside the YER
dict and threw the case out OF court
on the ground that the declaration had
not been filed within the time fixed by
law. and that the fixing of the time
was a matter of statute. and not one
over which the trial judge had n
discretion.
Meanwhile a year had elapsed, and
the time limit for bringing such a
claim had expired. and Green was held
to be without recours against the
street car p He asserts in the
present suit that this is du- to the neg
ligence of his attorneys in falling to
Ale the proper papers as the law d.
reefs. and sued O'Elaherty & Fulton
and Mr.. English for damages in the
sum of $4,000, the original verdict
which he claimes to have lost through
their negligence. and the costs OF both
suits. Mr.. Green has been represented
by Smith, Moncure e Gordon and the
attorneys by c. V. Meredith and Rich
ard Evelyn Byrd. The case was sub
mitted TO the jury shortly before 6
o'clock last night, and after being out
, for an hour. the jurymen reported that
they had been unable to agree.
Outline of Defense.
In the trial of the case the defend
ants attorneys set up the claim that
they had been prevented from filing
the declaration within the time spe-
cited by law, since their client failed
to furnish them with the information
yacaScorv that rhn naCliDappa wa q hia
not theirs. and that 1t had been the
practice hitherto to allow such papers
to be filed. after the limit had expired,
and they had nc means OF moving
that the Court of Appeals would in
this instance draw the rule more close
~ than they have hitherto been ap-
piled.
The court instructed the jury in eff
feet that II Ii believed from the evil
dence that the plaintiff had lost his
original suit because of the negligence
of his attorneys. they must ind for
the plaintiff.
That the declaration should have
been filed within a specified time is set
forth in one of the Instructions as
follows:
The court instructs the jury that
1t was necessary to file the declaration
in the suit of Green against the re-
| i've u lnS virginia IusScTBeT ana
Power Company and others within one
month after the return of the process
executed. to-wit. by June 16, 1905. and
that the Supreme Court OF Appeals of
Virginia dismissed said suit because
the declaration was not filed within
! that time"
Jury Fails to Agree.
AS TO the contention of the defense
that the failure to file the paper was
due to the negligence OF Mr.. Green
himself, rather than of his attorneys,
the court instructed the jury:
The jury are further instructed
! that If they believe from the evidence
that the failure of the defendants to
file the declaration on or before the
10th day of June. 1908. was caused by
the plaintiff promising the defendants
to furnish a person who would give
the Information necessary upon which
to base the proper allegations to be
set forth in the declaration, and by
the failure of the plaintiff to so fur
nish such person on or before the 18th
day of June. 1908, they then must find
for the defendants"
I'M DAN