Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-04-28
THE CIRCUIT COURT.

when the last issue Of The Enquirer
went to press Tuesday afternoon, the
court was engaged on the case Of Da-
vid Lee, colored, against w. L. Hill
a suit for an accounting and dam
ages. The jury found for the plaintiff
to be due him, and $50 damages fol
Iunwarranted seizure of his property.
The next case taken up was that oi
| Ed Fewell vs.. Allen Hall, a suit to COM
| pei compliance with a contract ir
which the plaintiff had bought cotton
from the defendant for future delivery
The jury found for the plaintiff in the
sum of $66710. Another suit by the
same plaintiff against J. A. McFadden
and involving the same issues was
also for the plaintiff in the sum OF
$190.S9.
In the case Of the Federal Discount
company against ]. Newman McGill
the jury found for the defendant. The
case grew out Of the sale OF some jew
elry to the defendant, the vender af-
| terward selling certain notes of the
defendant to the Discount company
II was clear that there was misrep-
resentation in the original sale; but
the plea of the plaintiff was that the
notes were in the hands of an innocent
holder. A new trial will be asked for
of course.
The case of Eli B. Springs against
the Southern railway was taken UP
Wednesday and consumed the balance
of the day, a part of yesterday and was
to tho i,ry this rnnrnipD The
claim was for damages to 112 acres
of woodland on the Southern railway
about four miles north Of Fort Mill
the damage caused by fire alleged to
have been started by sparks from the
defendants locomotive. The fire was
alleged to have occurred at different
times and places within the past few
years. Plaintiffs witnesses testified
that the damage to the land was from
$12 to SIS per acre and defendants
witnesses testified that in their opin-
ion the damage was not more than
between SO and S. per acre. In order
that the jury might see for itself, Mr.
Mcdonald for the defendant, offered to
send the jury to the spot in automo-
biles, and the proposition was agreed
to. The Jury left for the scene yes
terday at shortly after 2 o'clock, and
was in it's box again at the opening
of the court this morning. After lis
tening to the argument of counsel
and the judges charge, 1t retired with
the papers and at about 1.30 p. M, re-
turned verdicts for the plaintiff ag-
gregating $3.50.
During the absence of the jury in
the foregoing case yesterday after
noon, the court took up the case OF
w. +. Lucas vs.. the Southern Railway
g., n ocrdc
because Of injuries alleged to have been
sustained by the plaintiffs falling from
q train and because of the defend
ants failure to give the plaintiff
proper consideration in connection
with his mishap. The defendants case
was to the effect that the plaintiff with
several others was on his way home
from Charlotte, and persisted In going
to the rear platform, from which ne
had been removed at least once. La
ter while the conductor was in another
part Of the train, the plaintiff went out
again and fell off. Paintiffs friends
tried to get the conductor to stop. At
the time the train was ascending the
grade between Catawba river and Rock
Hill. which was only two miles distant.
and because Of the extraordinary
weight of the train, and unfavorable
conditions for stopping, the conductor
proceeded to Rock Hill. The railroad
authorities sent searchers back after
the plaintiff: but were unable to find
him until next day, when it developed
he was in bed. He had walked to Rock
Hill the evening before. There was
testimony that the plaintiff and his
companions were drinking at the time
of the mishap; but it was not shown
that the plaintiff was helplessly drunk.
The jury took the papers this morning,
and after remaining out but a few
minutes, returned with a verdict for
the defendant.
There will he no more jury cases,
and the court will adjourn sine die to-
morrow, probably at noon.