Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1921-10-11
CIRCUIT COURT.

Jane A. Southland, administrator
of his wife's estate, was the plaintiff
in an action for damages against the
Baltimore & Ohio Railroad Company
which was put on trial in the
jefferson Circuit Court Tuesday
morning.
Mrs. Southland died in a
Martinsburg Hospital as result of
injuries sustained when she was
struck by a locomotive Of the
defendant company at Duffields, this
county, on the morning of August a,
1920. The accident happened near
the B. & o. station at Dufields where
Mrs. Southland and two of her
children were waiting to take train
for Martinsburg. She and her
family were residents of the Duffields
neighborhood.
The jury selected to hear the
testimony included Walter Kearns,
T. o. Everhart, w. A. Dunn, w. w.
Burch, Geo. W. Shull, A. C. Welsh,
Joseph H. Writ, M. X. Lancaster.
Earl r. Bane, Clayton Fleming, Geo.
w. Glasscock and James A. Daley.
Attorneys j. M. Mason, Jr., and John
T. Porterfield 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 tiny engine and
cars, and diminutive buildings to
represent the depot and warehouses
at Duffields- all placed on table
before them, while the railroad
company relied on a blue print
drawing, indicating the various
locations about the station at
Duffields.
Contributory negligence on the
part of Mrs. Southland was the
defense offered by the company.
The evidence showed that she, when
off the track on which the train was
moving, stopped over, either to
remove one of her children out of
the way, or to pick up her suit case.
While in this position she was struck
on the head by part of the
locomotive. The jury returned a
verdict for $4,000 subject to a
demurrer to the evidence.
1t became necessary on Tuesday to
draw a number of additional jurors,
some of those originally chosen
having been excused, or were
disqualified for service. The
additional jurors were John C. Allen,
Robert Conrad, Jr., L. w. Vickers,
Forrest ]. Buckles. Fenton B.
Crawford, G. X. Wysong, Lee
Osbourn, J. w. Kearney, C. D.
Carter, G. B. Rodefer, Herbert
Engle, and Edgar Fry
A settlement was effected in the
case of w. R. Burns VS.. Abe Kaplon,
and it was retired from the docket.
The death of B. E. Beavers
creating a vacancy in the trusteeship
of Oakland Church, and of the
Methodist parsonage property at
Summit Point, the Court appointed
Clarence Boyd trustee of the church,
and Warren H. Rissler of the other
property. j. Ernest Watson was
appointed trustee of the Leetown
Methodist Church to succeed the late
E. C. Watson.
Coffin and Gilmore, Philadelphia
wool dealers, were plaintiffs in an
action against C. w. Wall for wool
sacks sold the latter, the case
occupying the attention of Court and
jury all day on Thursday. The
defendant admitted the debt against
him was just and proper, but plead
off sets for commissions on wool
purchased by him for the plaintiffs.
The jury returned verdict in favor
of the defendant for $931.48 as "a
balance due him on commissions.
Attorneys Frank ]. Beckwith and C.
N. Campbell represented Coffin &
Gilmore, and Geo. M. Beltzhoover,
Jr.,, was attorney for the defendant.
The sale of the real estate of
Virginia Johnson in Bolivar, reported
by Special Commissioners Bushong
and Porterfeld, was confirmed. The
decree confirming the sale directed
that from the proceeds, $203.78 be
paid to Shirley Johnson, and an
equal amount to the guardian of
Evelyn and Thomas Strother.
Arguments of counsel were
submitted in the case of Mary Price !
against Harriet M. Baylor and
others.
A divorce decree was entered in
favor of Harry C. Kellison, against
Margaret Kellison, and the case was
retired from the docket.
Henry James, colored, was tried
before jury on Friday, and found
guilty of felony.
Luther Dononan was found mot
guilty" of misdemeanor charge.
The case of Jackson vs.. Dillow is
being tried before a jury this MORN
ng, Attorney John T. Porterfield
the plaintiff, and At
,orney F. L. Bushong representing
he defendant. +