Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1922-04-28
THE NEELY CASE

1t was expected this morning that
the Ncely case will reach the jury
late this afternoon. Several witnesses
for the defendant railroad company
were heard this morning after court
convened and practically all or the
seassion this afternoon was consumed
by arguments Of counsel.
Trial of the. case of John A. Nicely,
administrator Of the estate of the late
Miss Ella j. Neely against the Caro-
lima & North Western Railroad, IN
which the plaintiff seeks damages in
the sum Of $4,000 because of the
death of Miss Nicely iii IL collision be-
tween a passenger train Of the de-
fendant railway and an automobile
belonging to and driven by Miss Mary
Williams Of Yorkville, March IT, 1921,
was begun in the court OF common
pleas yesterday morning. Represent
ing the plaintiff in the action are
Thos. +. Mellow of Yorkville; w. b.
Wilson of Rock Hill and Wilson &c
'Neely of Anderson. The defendants s
attorneys are Malcolm Marion or
Chester: Marion and Finley and John
r. Hart of Yorkville. The trial of the
case has excited much interest and
when the court was called to order
Yesterday morning, there were many
ladies' in the audience, the majority OF
them friends of the late Miss Nicely
who for more than twenty years was
a teacher in the Yorkville Graded
school and who was on her way TO
begin her classes for the day when
she met with the accident that caused
her death two days later.
The complaint alleges that the de-
ceased came to her death because OF
the negligence and carclessness or the
employees of the defendant railroad
while the defendants answer setsforth
that the accident was the result of the
failure of the brakes of the automo-
bile to work.
Miss Mary Williams, q teacher in
the Yorkville graded school and
driver of the car in which Miss Neely
mot her death was the principal Wit
ness for the plaintiff.
She told of going to the garage at
her home on Kings Mountain street.
Yorkville on the morning of March II,
1921 to take out her automobile pre-
paratory to driving to school. While
getting out the automobile she was
under the impression that she heard
the Caroln:a & North Western pas
senger train blow for Yorkville and
being quite certain that the train
would have passed the East Liberty
street crossing by the tirne she ar
rived, gave no moro thought to the
train.
When she approached 4 point about
opposite the office of The YOrkville
Enquirer she stopped her car and in
vitcd Miss Ruth PleXico and other
children of Mr.. NJ. f. PleXico to ride
with her. Miss Frances Williams,
daughter OF Mr.. Fl. T. Williams of
Yorkville. also got in her machine
about this point.
After turning into East Liberty
street at the court house corner she
saw Miss Necly at point about the
end of the Peoples Bank & Trust
Company and she stopped tho car, in
viting Miss Nicely to ride. She pro-
ceeded down the street at the rate of
sorle 10 or II miles an hour, looking
carefully for school children who
might cross the street. AS she got
near the crossing one OF the occupants
of the car called her attention to the
passenger train which was almost
upon her.
Some one of the occupants-she
was under the impression that 1t was
Miss Nicely, asked: Cant we get
across"
On seeing the train her first i'm
pulse was to turn sharply to the right
and in direction of the Methodist
parsonage. She then felt something
catch the wheel OF her car and pull
it toward the train and then realized
that her best chance for safety lay in
IN endcavOr TO turn to the left.
The car was iCaTried along with the
engine to a point about in front Of the
station where it was released.
While the brakes on tie car were
not wholly perfect. they we're in work
ing condition. The curtains of the au-
tomobile were pushed back and view
ahead was clear.
However, being under the impress
sion that the train had already passed
she was not looking for on approach
ing train but rather to see that chill
1ren going to school did not attempt !
to pass in frOrt of the car.
Miss Ruth rleXicO. she said. was |
Tic first to call her attcltiOn to the !
train. Immediately she threw on her |