The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1913-11-19
A. ROSS BLAkELEY
WINS $4,000 VERDICT
Railroad Lost His Case but Wins in
the Case OF Il. j. McAlister.

"A ROSS BlaKely won NPrulCt OF
$4,000 in his suit for $4,000 damages
against the c. & w. c. railroad in
common pleas court last week. 7. j.
McAlister OF Mt Carmel, who had a
suit for like amount growing out
of the same accident, lost in his suit
against the railroad. 1t is not known
whether either case will be prosecuted
further of not. The two cases
from Monday morning until Thurs
day night, the jury reaching an
agreement on the MCAlister case
at at late hour Thursday.
1t will be remembered that both of
these cases grew out of wreck near
Cold Point on the c. & w. c. railroad
on June 10th of this year. According
to testimony brought out by the plain
tiffs, but denied by the defendants,
the train was running at reckless
rate of speed over a poor piece of
track. when the wreck occurred and
the plaintiffs injured. The railroad
contended that the wreck was caused
by what it's witnesses termed a
"buckle rail-, or a rail thrown out of
alignment by the force of expansion
due to excessive heat. TO deny this
contenton the condition OF the road
vas brought into question by the
plaintiffs when it was developed that
the ties taken out of the track after
the wreck and charged to have been
rotten were burned under standing or
ders of the railroad company
The cases seemed 20 revolvc around
the questions whether or not the train
was running at reckless rate of
speed, whether or not the track and
roadbcd were in good condition, and
whether or not the wreck was caused
Sy the buckle rail- as contcnded by
the defendants. Although the two cas-
es were very similar and many of the
same witnesses were used in both cas-
es, they We're tried separately. The
difference in the two cases seemed TO
iGvG been as to the extent or rather
:hc existence OF the injuries. In the
Blakelcy case there was no question
as to the existence of the injuries. but
the railroad contendcd that the in
jury was but temporary. Mr.. Blake
ley had a tendon in one leg severed
by glass breaking out of windows. He
is still lame from the wound and he
may or may not get approximately
we'll. In the McAlister case, the rail
road contendcd that the plaintiff was
not suffering any injuries due to the
wreck, but that what injuries, if any,
We're present were but re-occurenccs
of old troubles and for these the
railroad was not responsible. In
this case the credibility and reputa-
contention. Testimony was introduc-
ed to show that he entertained conSid-
cradle animosity against the railroad
before the wreck occurred and that
whenever the opportunity presented
itself.
The work of the court Friday and
Saturday consisted Of hearing on equi-
ty cases. Saturday afternoon court
adjourned.
Judge Shipp who presided over the
court during the two weeks it was in
session, left Sunday afternoon for
Newberry where he is holding court
tn: week During his stay in Lau-
rens Judge Shipp not only made a
good impression as a presiding officer,
but made many friends who learned
to like him for his genial and sunny
disposition as we'll as democratic
manner. Before leaving he spoke very
kindly of Laurcns saying that it was
with considerable unwllingncss that
he had to leave