Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1921-10-13
r1RCUT COURT PROCEEDINGS.

From the Charles Town Advocate We
,ste the following report of the pro-
ssedinps in the Jefferson Circuit Court:
LANES A. Southard, administrator of
h;s wife's estate, was the plaintiff
n an action for damages against the
Baltimore & Ohio Railroad Company
which was put on trial in the Jeffer-
son Circuit Court Tuesday morning.
Mrs. Southard died in Martinsburg
hnspital as a result OF injuries sustain
~ when she was struck by locomotive
AZ Dufields, this county, on the morn
inc of August 4, 1920. The accident
haopened near the B. & o. station at
Duffelds, where Mrs. Southard and two
~ her children were waiting to take a
train for Martinsburg. She and her
family were residents Of the Duffields
reighborhod.
The Jury selected TO hear the testi-
monv included Walter Kearns, T. Q.
Fverhart. w. A. Dunn, w. w. Burcn,
Geo. W. Shull, a. c. Welsh, Joseph
u Writ, NJ. X. Lancaster, Earl r.
Bane, Clayton Fleming Geo. w. Glass
cock and James A. Daley. Attorneys
M. Mason, Jr., and John T. Porter
field represented the plaintiff, while
Col. Forrest w. Brown appeared for
the railroad company.
To aid the jury in appraising the
blame for the accident, attorneys for
the plaintiff had miniature railroad
tracks, with tinv engine ard cars. and
diminutive buildings to REPRESENT the
derot and warehouses at DuffielIs-
all r'aced on a table before them,
While the railroad COMPANY relied on a
blro print drawing, indicating the
vq-ior7 locations about the station r.
DuFalds. Contributory negligence on
Tire rart Of Mrs Southard was the de-
fersc offered BY the company. The
evidence showed that she, when of tho
track on which the train was moving,
stocoed over, either to remove one Of
her children out of the way or to pick
up 'er suitcase. While in this posi-
tor she was struck on the head by a
part of the locomotive. The Jury re-
turned a verdict for $4,000, subject to
demurrer 10 the evidence.
1t became necessary on Tuesday to
draw a number of additional Jurors
some of those originally chosen hav-
ing been excused, or were disqualified
for service. The additional jurors
were John G. Allen. Robert Conrad
Ir, L. W. Vickcrs. Forrest 7. Buckles
Fenton B. Crawford, G K Wvspns. l ee
0sbourn, ]. w. Kearney, c. D. Carter
G. P. Podefer, Herbert Engle and
Edgar Fry.
A settlement was effected in tho
case Of w. r. Burns VS. Ate Kaplon.
and il was retired from the docket
The death of B. E. Beavers creating
vacancy in the trusteeship OF Oak
land Church, and Of the Methodist PAL
Sonage property at Summit Point, the
court appointed Clarence Bowl trustee
Of the church and Warren ~ Rissler
OF the bther property. ]. Ernest Wat
son was appointed trustee Of the Lee
town Methodist Church to succeed the
late f. c. Watson.
Coffin and Gilmore, Philadelphia
wool dealers, were plaintiffs in an ac-
cldent against C. F. Wall for wool
SACKS sold the latter, the case occupy
ing the attention of court and iurv all
DAY on Thursday. The defendant ad-
mlttet the debt against him was lust
ana proper, but plead offsets for COM
missions on wool purchased by him
for tHe plaintiffs. The jury returned
averaict in favor of the defendant for
SSSi.4S, as balance due him on com
missions. Attorneys Frank J. Beck
with ard c. N. Campbell represented
Sh.n & Gilmore, and Geo. M. Beltz-
noover, lr., was attorney for the de-
fendant.
Inc sale Of the real estate of Vir-
gina Johnson in Bolivar, reported BY
SSFe Commissioners Bushouc and
roHerheld, was confirmed. The de-
sre@ confirming the sale directed that
e, IRON the proceeds, S2O3.7S be paid no
enliiey Johnson and an equal amount
10 ne Guardian of EVELYN and Thom-
as Strother.
Arguments Of counsel were submit
,ed IN the case of Mary Price against
nar7iet M. Baylor and others.
A divorce decree was entered ir
FAVOR OF Harry C. Keliison against
mar1aret Kellison, an5 the case was
fS'irt' ION the docket.