Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1917-01-24
INTERESTING GEEENvnl,E cAsn
Supreme Court Keverses Decision of
Circuit Judge.
DAILY Piedmont, 1iih.)

Court, In an opinion filed vest day
by Associate Justice Geo. ~. age,
revcrses the decision of the Cwcuit
Court in the case Of DR.. W NJ Bur.
nett against the city of Greer lie.
This action gives a decided a0s8nt-
age to the plaintiff in this svii
against the city for damages I'm the
sum Of 100000 for injuries sustain
ed in the fall OF 1912. wnen Or. }}ur-
nett's automobile was struck uy a
racing car driven b; Frank Poe ana
Frank Knebel, while the latter we're
practicing for the hill cii:nb on
North Main street.
The case has never been tricc be
fore a jury. Judge Frank b tCary,
presiding over the October tor Of
the Court of Common Plcgs in his
county, sustained dcn re-
brought by the city's ATTIC rney }Dd
issued an order dismissing he ~.
plaint. An appeal was tai N t. lht
Supreme Court, with the suit hut
the judgment Of the Circui, Gov in
sustaining the demurrer Is rove 80
The case now comes back FOR riai
before jury, and it is expoccd nat
1t will oe among the first t. be .en
up at the February term.
Holds City Liable
While the full text Of tne 81.
preme Courts decision has uoj G,
been received in Greenviie. .uc.
neys who are familiar with lhe So
understand the action OF tho IA.
prcmc Court to be, in eff on, q dc
cision that the city of GrccnyiMa is
liable for damages to Dl Bul aci
for the injuries he received aud hat
the action Of the city of Grcauyil IN
permitting the speed conte- or lii
climb" to he held constitut"a 10.
feet in the street or III ymAr l;e-
ment Of the street, under ,u ~ n.
ing OF the statutes, and th@, The ~
is therefore liable. TIL Cir ait
Judge. in sustaining the icmH W,
held that the city was not able m
der such circumstances. The "a
preme Court, in reversing lRo .,
has evidently taken the poy :ion. 4At
an automobile speed contest N
which automobiles run ag inst tige,
is violation Of the laws og toe
State, and that If city, through is
officers, permits same, the city is TIA.
BILE in damages to one injurad.
The plaintiffs attorneys u tadr
appeal made the two principal pcuts
laat i Wa' q d,ryC' ~ ,hn atIaet Gr
nyisnunanaweut under me s,&s,r".
to nHow - speed conlcs, ,Rau.t
time ',haf ne lew BNus ahSa ID i'm.
OF 10 ,iiIeo per nuur, ana Lhti J.! tn
speed contest is allowed, Il Is mis
management not properly o guaru
the street.
The Accident.
On November IL, 1912, N'ouN
Poe and Frank Knebel were cite
ing on North Main street. ne>r the
city park, for the "hill climb A&
their automobile raced at t.. nep-
dous speed down toward the Qarl
from the north end of the str Dr
Burnett drove into Main stree rom
East Park avenue. The au,u- col.
lided Dr.. Burnett receiving severe
Injuries. including broken collar
bone, broken arm, serious injuries
about the head, and other injuries.
The racing car jumped the railing
and went over the high embankment
into the city park. the two young
meA miraculously escaping death.
The accident resulted in several
suits. Mr.. Knebel sued the city. but
the case was non-suited. Dr. Bur-
nett brought suit against Mr. Kne-
bel and won verdict. DR.. Burnett's
suit against the city is the third, and
If the present belief about the courts
decision is confirmed by the official
text OF the opinion, verdict vii!
very likely be returned against the
city. since the jury will have to pass
only upon the facts in the case,
which seem fairly well established.