The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1921-11-10
Miss Bennett Awarded $4,000,
StanLand $4,000 Last Week

Trials cOncluQeQ, Dut tnlS is e3actly
what happened in Bamberg the past
week in the court of common pleas.
Several motions were heard by the
judge, a number of orders passed,
some other cases settled and ended
and a few other matters disposed Of,
but only three cases tried before a
jury. Court convened Monday morn
ing and did not finally end until Sat-
urday morning. The first case tried
was that of Miss Mamie J. Bennett
against the Southern railway in which
she asked for $4,000 damages; the
details of the case were reviewed in
the last issue of The Herald. The
jury returned verdict in favor Of
the plaintiff for $4,000. 1t required
all of Monday morning for the court
to begin to function materially and
this case took up the balance Of that
day and all of Tuesday. The next
was tried Wednesday, the plaintiff
being F. H. McCrae, of Denmark, who
sued E. L. Spires and his wife, Mrs.
Hattie VI. Spires, Jointly, for an ac-
count approximating $500 for goods
alleged to have been purchased dur
ing the year 1920. Mr.. Spires did
not deny the Indebtedness and ac-
cordingly judgment was taken
against him for the amount involved,
but in the matter of Mrs Spires's liza
billty the jury found for the defend
ant.
The final case tried occupied two
entire days of the courts time, an
other railroad damage suit case which
included two suits in one, with practi-
cally the same facts in each, the same
plaintiff and the same defendants.
This was W. T. Stanland against the
Atlantic Coast Line railroad and
Captain Tillman, one of its conduct
ors, and Engineer Bobbitt. The facts
briefly and substantially as brought
out were as follows: On Thanksgiv-
ing, 1920, Mr.. Stanland decided to
take his son, Otley Stanland, a young
man who had been suffering from a
severe attack of malaria and had then
developed critical case of hemmor-
rhagic fever, from his home in Jasper
county to hospital in Savannah for
treatment. The boy about 19 years
old was accordingly carried to the
railroad station at Gylvania in said
county and placed in the baggage car
on cot in charge Of his father for
transportation to Savannah. Evi-
dence was introduced to show that
the father was warned that the train
would be delayed due to wreck
ahead. However, the trip was at
tempted and the train was delayed on
the Carolina side of the Savannah
river for a number of hours on &C.
count of the wreck above mentioned.
The train was heated by steam from
the engine and in the meantime the
engine cut off and with it the heat.
It was alleged that in this manner
the car became chilled superinducing
hemorrhages and a chill to the pa
tient, and that he further suffered
untold pain and agony from this and
by reason of jolts, shocks, jars, etc.,
in roughly handling the train and
couplings, and that none of the train
crew attempted to render any asst
ance although pleaded with by the
boys father for help and attention,
from which it was alleged young Stan
land died the next day after reaching
Savannah. Two suits were entered
by w. T. Stanland, father of the boy,
as administrator of his estate, and
in behalf of his parents. In one case
damages in the sum of $4,000 were
demanded for pain and suffering TO
the deceased, while in the other S75,-
900 was asked for his death. In the
pain and suffering case the jury found
a verdict for the plaintiff against the
railroad for $4,000, and in the death
case a. verdict was rendered for the
defendants.
It is not yet known whether the
judgments in the Bennett and Stan
land cases will be paid by the re-
spective railroads at an early date or
the cases appealed to the supreme
court of South Carolina, but the rail-
roads usually appeal everything IN
sight. Mr.. stanland is now a citizen
of Bamberg county, living at Olar,
while Miss Bennett is from Colleton.
There will be another one week term
of the court of common pleas held
here beginning Monday, November
2Sth, this being special term.
His Grievance.