The herald and news. [volume] (Newberry S.C.) 1903-1937, 1917-10-19
LARGEST VERDICT
GIVEN IN COUNTY
Mss Clayton Wins Suit against South
ern-Yerdict for 5000


damage case ever given in Anderson
county was returned late yesterday
afternoon by the jury hearing the
case of Miss Elma Clayton against
the Southern railway, when it
brought in a verdict of $1,000 ioI
Miss Clayton.
about 20 years ago jury in this
county returned a verdict of s1,700
in favor of man who sued the
Charleston & Western Carolina Ry.,
when his wife was killed by train
| backing over her as she was walking
on the company's trestle near the
southwestern city limits.
Two or three years ago a jury
] returned a verdict of $4,000 for boy
named Edmonds, son of Mr.. wv. S.
Edmonds, who was injured by street
car on F street, this city.
Several years ago a jury returned
J verdict for $1,000 for Mr.. Gossett
in mental anguish case in a tele-
graph case. This verdict was cut
down by the court.
These verdicts held the record for
Anderson county until yesterday af-
ternoon.
Miss Elma Clayton lives at Lib
erty and was teaching school in
Newberry. In her complaint against
the Southern railway she alleged:
"That on or about the 25th day Of
April, 1917, plaintiff was a passenger
on defendants train from Columbia
to Newberry, and while a passenger
on said train, plaintiff was seriously
injured through the careless, negll-
gent, reckless, wilful and wanton
acts and conduct of the defendant and
its agents in the following manner, to
wit: Upon the arrival of said train
at Newberry, which was plaintiffs
point of destination, plaintiff, for the
purpose of alighting, went to the
platform of the car, when one OF
defendants agents, who was connect
ed with the operating of the said
train, and who was at that time at
the foot Of the steps for the purpose
of assisting passengers to- alight
from the car, held out his hand to
plaintiff to assist plaintiff to de-
scend to the steps, and, plaintiff rely
ing upon the proffered assistance be-
gan to descend to steps and reached
cut to take the said agents hand
when the said agent suddenly and
without warning, carelessly, negligent
ly, recklessly, wilfully and wantonly
lowered and withdrew his hand and
left plaintiff without the expected
support and assistance of said agent,
and caused plaintiff to lose her. bal
ance and fall down the steps, throw
ing and twisting her right leg and
ankle, causing her right foot and knee
to strike against the steps, and gave
plaintiff a severe wrench and divers
severe and grievous blows and con-
fus:ons and fractured bone of plain
tiff's right foot, so that plaintiff SUI
fered great pain in her right foot,
ankle and leg, and plaintiff still suf-,
fers great anguish and pain in he:
right foot, ankle and leg, and has
been permanently damaged by the
said acts and conduct Of the defen-
dant and it's agent, and unable to.
walk except with great difficulty ano
pain, and has been thereby incapaca-
tated for pursuing her ordinary avo-
cation and business and has been put
to great expense in medical bills
and other expenses, and by reason
of said injuries, plaintiff suffered, ami
still suffers greatly in mind and
body, all to plaintiffs damage in the
sum of s25,OOO."
The jury OF the common pleas
court hearing this case was compos-
ed of R. A. Keys, foreman; j. R.
Bruce, A. NJ. Guyton, J. l.. Pettigrew,
J. l.. Stevenson, j. A Campbell, r.
"A. McMahan, j. NJ Campbell, T. 0.
Wright, ]. J. Martin, I. L. Williams
and W. S. Campbell.
Arguments were made by Messrs.
4. H. DagnaT and Ernest F. Coch-
ran for Miss Clayton and by Messrs.
M. L. Bonham and T. Allen for the
railroad company. After the judges
charge the jury retired and delibe-
rated Que hour, returning the follow