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w. l. mishoe loses surr Five Hundred Dollars Won in Lower Court Now Reversed COURT, HOWEVER, DIVIDED Case Was Long and Carefully Considered by Supreme Court Last week the opinion of the Supreme Court in the case qf Walter L. i Mishoe was filed here in the clerk's ofAjfice. By the decision, Mr. Mishoe loses the verdict of $500.00 which he won by the verdict of a jury in the court of common pleas here before Judge Memmenger. The case came to trial j here early in 1922. The railroad com"Hlv " Rheumatism is gone - 99 Tkere'i glorious joy in knowing this:? that more Red-Blood-Cells stops Rheumatism, and thatS.S.S. builds Blood-Cells I "There are thousands of you men and women, just like myself, slaves to rheumatism, muscle pains, Joint pains, and horrible stiffness. I had S. S S. thoroughly rid? the body of Rheumatic Impurities. the wrong idea about rheumatism for 15 years. I didn't realize that Increasing blood-cells had the effect of ) completely knocking out rheumatic 4 ' impurities from the system. That Is why I began using 8. S. S.! Say what you will, I never know such startling results were possible. Well, folks, besides knocking out my rheumatism it gave me back some of the strength I used to have way back! I've got a better color in my face, my appetite ^ i6 dandy. I don't use my crutches any W more. I'm walking around straight-up on two young legs!" S. S. S. makes people talk about themselves the n.nt, I* ??- ? n aj it uunua up luuir BU VIIKUI. XJy building blood-cells it builds nerve strength for young folks who ought to have more, and for older people who Lave little. It stops pimples, bolls, blackheads, eczema, chases away blood impurities. You can always rely on it Start S. S. S. today for that rheumatism. You'll feel the difference shortly. S. S. S. is sold at all good drug stores. The large size is more economical ^ ^ makes you feel tike yourself again C. I jfiH t\ % i t i n f this , ? Th : ma wel \ ing but V&iV I ton V I mo m 4L % % . pany appealed. The case was argued before the Supreme Court at the Octo-i ber term last fall. The Supreme Court gave the case longer consideration than usual aria did not come out with the . opinion until after about six | months had passed by. | Mishoe lost by the opinion of three I of the five justices of the court as (written by Associate Justice Fraser. | Two of them wrote a dissenting opiui ion. Both opinions follow. { Opinion by T. B. Fraser, A. J. The plaintiff was notified by a telegram that his child was sick at home. The plaintiff was in Columbia in attendance upon the Legislature, and his child was sick at his home in Conway. In order to go from Columbia to Conway by rail it is necessary to go to Chadbourn in North Carolina and change cars for Conway. When the train got to Florence, it w.as two hours late and the plaintiff was uneasy about making connection at Chadbourn and made inquiry at Florence. He could learn nothing in Florence about the matter. After leaving FlorI enCG. thp nlflintiff Qnr>n?ln^ - ? , r tu bllC CUH" doctor to find out for him if the train would be held at Chadbourn. The plaintiff says that at Marion he was informed that the train to Conway had left Chadbourn atid he would have to wait at Chadbourn for a later train and be delayed several hours. That the conductor told him that if he was obliged to be at home^within a reasonable time it would be well to get off of the train and go across from Marion to Conway by automobile. The plaintiff got off of the train at Marion ;>nd engaged an automobile to take him across to Conway. The automobile broke down on the way. The day was exceeding cold and the roads were in a bad condition. The driver of the automobile refused to go any further. > The plaintiff succeeded in getting another automobile. Automobile No. 2 broke down and the plaintiff procured a third automobile to finish the jourrey. The plaintiff spent hours on the l.'w.j-l ?-1 -t-f' 1 '< ? * * lurtu uiiu tsuueieii wun tne coki and was made sick by the exposure. He did not arrive at home until eight o'ciock at night. It seems that while the train between Chadbourn and Comvay did leave the station at Chadbourn, as reported. the engine was delayed in the yard just after it started and it took so long to fix it, that after it was fixed it waited for the train which the plaintiff had left at Marion, and enabled Child-birth Valuable Illustrated Book S?atFr?? How thousands of women, by die cinrpls method of an eminent physician, h*ve cVmun unnecessary miseries through many and up to the moment Baby has arrived, is fully explained in the rcmarkablo ^5^ S book, "Motherhood and thyZfJr Baby." Tells also what do before and after AH comes, probable date of birth, bnhy rules, etc., ar.dH^y W?? about "Mother's Friend," M JOl4 used by three generationaWm ll\ ^ of mothers, and sold in all IT T\\ drug stores everywhere, mm I "Mother'8 Friend" Is ap-^3 \Ju V. plied extrrnally, is safe, free from narcotics, permits easier natural readjustment of muscles and nerves durinR expectancy and child-birth. Start using it today. Mrs. E. E. Kerprer. Slayton, Minn., aaya* "It nulled me through." Send for book ?ft days to Dradftold Regulator Co.. BA-S6, 1 lanta, Ga. "Mother's Friend" is sold all 1 drutf atorea. { A fvli - JL glU-Li-V/ll J IVE-EIGHTHS of the worl crude petroleum today li? 5 one industry is invested; is figure is steadily grow nds for gasoline and oth lis, more lines, more refit equipment. It is the tr iiness that, makes it post :aper here than anywhe out of the narrow margi aorrow's requirements. arine is an investment r taring. ANDARD OIL CON * ' m > t > THE HORRY HERALD, CONW, the other passengers for Comvav to reach Conway at three o'clock, or five hours ahead of the plaintiff. This action is thought for the sickness of the plaintiff, produced by his exposure between Marion and Conway. The jury found for the plaintiff and the defendant appealed. 1. The first assignment of error that needs consideration is the charge of his Honor the Presiding; Judge. The charge reads in part: "Mr. Foreman, and gentlemen cf the jury: In the trial of this case in which Walter L. Mishoe seeks damages from the Atlantic Coast Line Railroad Company, the Court finds it-< self surrounded by a mass of technical law which it has to pass upon; because in a case like this, where the journey is through another state, we are called upon and required to apply certain, princiules of the law of the United States, passed by Congress and construed by Federal Judges; and therefore, the burden is thrown upon a State Judge, of not only being familar with, and being able to explain to the j jury the law of one state, but the laws | of the United States, as construed and j interpreted by the United States Courts to the different departments of the state governments. Nevertheless, the courts have * to pass upon these matters and to do the best it can md j try to lay the law before the jury." "The first idea to get into yourj mind, gentlemen, is that Mr. Mishoe is coming in here and claiming damages, both actual and punitive, against the Atlantic Coast Line Railroad Company, based upon certain charges which, he alleges to have been negligent conduct on the part of the railroad compariy, and that, as a proximate result of there alleged negligent acts, or any one of them, he was injured. And furthermore, on the basis | that the charger made against the roil road ci mpany were not only negligent, but wilful, wanton and reckless, therefore, he claims authorities or parties in charge of the railroad, acquiesced in the conduct of that official subsequently, and of such acquiescence you c i judge from the testimony, .1 11 -?? ? Avnexner mougn the wrong conduct was Mot done uy the official in control of the system yet that there was ratification after it had been done." 1. The jury might infer from this statement that the railroads and Congress are in collusion to protect the railroad from the consequences of their unlawful invasions of the rights of the travelling public. The statement i? not oniy unlawful but highly prejudicial to the appellant. Generally, a Judge charges a jury off hand, as it is called, and he does not say just what he means, and it is doubtless true that His Honor did not intend to reflect upon Congress or the class to which the defendant belonged, but none the less it is true that it was calculated to prejudice the defendant, at least, in the estimation of the jury and was reversible error, 2. T thirilc a verdict should have been directed for the defendant. The defendant undertook to carry the plaintiff lay rail safely from Columbia to Conway, so far as human care and prudence could provide. The plaintiff knowing* the climatic conditions as well ,as the defendant's agents and servants did, voluntarily left the train at Marion and undertook to go across the country to Conway. The defendant did Ssrvt aru for capital Id's current production ol is in the United States. In about eight billion dollars 'ing. Ever increasing deer products call for mort ling plants, more market emendous volume of the sible to sell the products re else in the world, anc in of profit to provide foi ather than an expense it tPANY (New Jersey; * ' i' t.t s AY, S, C. MAY 10, 1923 not produce the extreme <?old from which the plaintiff suffered. It did not own the highway on which the plaintiff undertook to travel. The defendant could not repair any defects therein. No agent of the defendant selected the automobiles or their drivers. The whole injury complained of was incurred on the trip from Marion to Conjway, after the plaintiff had severed his connection with the defendant, and due to causes over which the defendant had no control. A suitable automobile and competent driver did enable the nlaintiff to complete his journev, which the other automobiles and their drivers could not, or would not, complete. No injury to the sick child was alleged or proven, but the injuries were due solely to the act of God, and the inefficiency of the means selected by the plaintiff. I see no ground upon which a liability of the defendant can be based. The plaintiff may have received injury and yet the defendant not be liable. The wrong must be the proximate cause of the injury. The I proximate cause here w.is fho | condition of the highway, the automo1 biles and their driver. | The judgment is REVERSED. We concur: T. P. Cothran, A. J. In part: J. H. Marion, A. J. (See below) We dissent: Eugene B. Garv, C. .T.; R. C. Watts, A. J. I concur in the view that there was reversible error in the charge as imputed by appellant's first assignment of error. I ,am not prepared to agree that the verdict should have been directed for defendant.?J. H. Marion, A. J. i Opinion Eugene B. Gary, C. J. (Dissent in .) This is an action for damages, alleged to have been sustained bv the plaintiff, through the wrongful acts of the defendant. The jury rendered a verdict in favor of the plaintiff for five hundred dollars. and the defendant appealed upon exceptions which will be reported, together with the complaint and answer. First, Second and Third Exceptions: The testimony as to the question.^of fact mentioned in these exceptions, was susceptible of more than one inference; therefore, they were properly submitted to the jury. Fourth Kxcontion? The grounds of the motion for a directed verdict, were as follows: 1. "Because there is no testimony to show th^t the delay of the train on which the plaintiff was a passenger. w.ts due to negligence of defendant." 2. "Because all the testimony shows that the delay of the train on which plaintiff was a passenger, was due to waiting on connections and not to negligence." 3. "Because it appears from all testimony that the information furnished the plaintiff by the conductor ,ms to the probability of missing the Conwav connection was furnished in good faith in the exercise of his best judgment based upon the conditions existing at the time, and because defendant should not be held liable because, due to subsequent occurrences, conditions were changed to such an extent that the connection was made." 4. "Because it appears that the injury suffered by plaintiff, if any, was due not to negligence of the defendant, but to an intervening cause towit: plaintiff's own act in attempting ce?a /ways d all ways ? n H * m j Hi H I fc i B ! I to drive through the country on a bitterly cold day instead of going to his I destination by rail." It' the plaintiff had relied, alone, on the alleged negligence of the defendant in causing him to drive through the country on a bitterly coid day, as alleged in paragraph 7 of the complaint, and had failed to prove such allegations, a motion for the direction of a verdict would have been proper. But there are other acts of negligence, alleged in the complaint which if sus * ? - i!il - 1 I vet ticVI uy vue (.V>lllliuiiy, entitled 1110 J plaintiff to damages. j Fifth, Seventh, Twelfth and Thirteenth Exceptions: On hearing the motion to s^tt'e the case, his Honor the Circuit .Twice thus explained the spirit in which he used the language assigned .is error: *'Practicallv a'l of defendant's exceptions seem predicated on assumed prejudice. on the part of the Court to the defendant. This the court pocj-ivelv and emphatically denies. - - - Certainly, the weariness of these trial? rr/iv be sometimes lighted, by a little 'badinage' and 'persiflage' and excuses put forth for a necessarily" prosy charge; and some explanation given the jury for why the charge must he halting." It is incumbent on the appellant not only to satisfv this Court, that there was error, but also, that it was prejudicial to tNe rights of the appoint The defendant's attornevs have failed to satisfy us of such fact. Eighth, Ninth. Tenth and Eleventh Exceptions: Rule 5 Section of the Supreme Court, contains the following provision: "Each exception must contain within itself a complete assignment of error, and a mere reference therein to nv other exception the*": or previously taken, or request to charge will not be considered." There was a failure to comply with the rccjuirments of said ' Rule, and there exceptions will not be considered. (There is an appendix to the record herein, which contains a copy of the order of His honor the presiding Judge sett'ing the case together witV the defendant's notice of appeal therefrom and exceptions. They, however will not he considered, as they were not argued.) I concur: R. C. Watts, A. .T. SMITH GIVES FINAL ANSWER To the Editor of The Herald:? As Mr. Prince has seen fit to make a vindictive onslaught upon my character, my motives and my official reoord as published in the Herald of the 2nd inst., you will please allow me space for a short reply. Mr. Prince says he "has too much respect for my grey hairs to differ with me in a personal way. If some misfortune was to befall the aged Senator, I would he glad to render him such assistance as I was able." Now, Mr. Editor, 1 trust that every reader ot' this reply to Mr. Prince will refer to his tirade upon me as publish-' ed in your paper of the 2nd inst. and determine for himself who is doing the nagging, and judge for himself whether his article expresses the true sentiment of his pretended friendship or t that of a disappointed politician. In all our correspondence in the press 1 have not written one word except in reply , to his vindictive onslaughts. lint I piesume the public will he more interested to learn upon what matters of public interest we fail \o agree. One was when I sent a Bill to the House providing for reducing the road computation tax t.? three dollars instead of six dollars. Mi. Prince s;nv fit* to kill this measure. Then 1 had his Bridge Bond BiH !?iid on the taole in Ij^e Senate- b>ih of which treasures have been fully discussed. Then when he promised in tho Supply Bill to raise *he salary of the Magistrate in Simpson Creek Township, I used my influence in the Conference Committee against it, and the Com- i mittee accordingly killed it. Again, when he sent a House Bill to the Sen- j ate proposing to create Eleven Town- | ship Commissioners, with salaries of one hundred dollars each, I had the same likewise laid to rest. j Furthermore, when his measure for j extra pay as a member of the Legisla- } ture was up for consideration, he nev- | er dared to say that he voted against , it, but on the contrary boldly says that j "heaven knows that we ought to have it." In this position we widely disagree. He further says that the Senate stands for high taxes and the House i IF SICK, Bn START Y Don't Take Calomel! "Dodson Doesn't Gripe, Salivate or Lose a Day's Work Uffh! Calomel tnakea you sick. It'a I horrible! Take a dose of the danger- | ou8 .arug tonight and tomorrow you may lose a day's work. Calomel is mercury or quicksilver < which causes necrosis of tne bones. i Calomel, when it comes into contact i with sour bile crashes into it, break- ; ing it up. This is when you feel that j awful nausea and cramping. If you i ape sluggish and "all knocked out,'5 if 1 your liver is torpid and bowels con- * stipated or you have headache, dizzi- 1 Deae, coated tongue, if breath i* bad i Page No. 5 SHOULD PLANT SOME PEANUTS Ciemson College.?The peanut is one of the logical money crops for the section of the state having lo.am soil. Under boH weevil conditions, the planting of three to four acres of pennuts per plow will prove to be a most acceptable source of a small but safe profit, say the agronomists, who suggest below methods of planting and> fertilizing. Well drained, level fields having a sandy loam soil with a permeable clay subsoil, free from stumps, roots and rocks should be selected for peanuts. These fields permit the use of light harrows and weeders which must be used in order to give the peanuts the frequent and light cultivation they need. Thorough plowing and harrow ing or the soil before planting will save much labor in cultivating. Plowing several weeks before planting is preferable, as this allows tlie soil to settle so that a firm seed bed may be obtained. Thorough harrowing with a drag* harrow immediately before planting will destroy all grass and should he two and one-half feet apart and the beds should be as nearly level as is practical under local conditions. All fertilizer for peanuts should be applied in the drill iimmediately tiefore planting and well mixed with the soil. The amount and kind of fertilizer to he used will vary somewhat vith the type of soil and its previous treatment. For the type of soil generally planted in peanuts, a sandy lo.nm lowin fertilifv. about 400 nounds of an 83-3 fertilizer will usually prove profitable. Where the soil has heen Improv^ ed by turning under a leguminous crop the nitrogen of the fertilizer may be lessened ov onvtted entirely. Too ?^uch nitrogen te-uls to produce more vine and loss nuts. Whptbei or not lime is nece^s^ry f *i the 5'!cce^s dencvi.t* unon the acidity of the soil. This can he most definitely determined by actual comparison of the yields from lifted and unlinied parts of the field. Where a rotation that contains leguminous crops for soil building is used, it is good agricultural practice to apply lime at some tUne in this rotation. Peanuts should be grown in such a rotation and they will be benefited by the lime used. Careful tests indicate that gypsum or landplaster gives no beneficial effect on peanuts where it hMs been the practice to fertilize with acid phosphate. rs The Herald has missed several big advertisements recently because they were delivered through the mail too late to get in the issue of the Herald for which schedu'ed. for low taxes, thus trying 4"> leave t^e impression on the poinds of the read-' ers that I stand for hijrh taxes. Perhaps ho may he able to satisfy a fool that the House can make a law without a majority of the Senate concuring, hut how he can claim to stand for economy in the face of his record in promoting- these measures .nhove mentioned, and all of which I had killed, is beyond my comprehension. But if f am a coward as hp claims and a fool that can be lead about by my enemies "with a ring in my nose" as he says, I will only remind the distinguished staesman, though I be a coward and a fool, he must admit that our records show that I have neither been driven or lead by men of his calibre. Neither will 1 further discuss any personal matters with him. I will only discuss matters of public interest to our people, and that mint be personal and not through the public presr. llespect fully, Jeremiah Smith. o NOTICE NOTICE IS HEREBY GIVEN that n meeting of the Stockholders of Standard Cotton Warehouse Company, a Corporation organized under the laws of the State of South Carolina, will he held at the oflice of J. T Allen, Jr., Attorney, Loris, S. C., a* 10 o'clock A. M., May 19th, 1923, fo. the purpose of passing upon Resolutions to go into liquidation and wind .ip its afTairs and dissolve and attend o and act upon such other matters as riay properly come before the meetng. DAN W. HARDWICK, N. E. HARDWICK, Board of Directors. !jl9|23-td. JOUS! . OUR LIVER 's Liver Tone" Acts Better and Make You Sick?Don't ?Read Guarantee t>r stomach sour, just try ? spoonful of harm leas Dodson's Liv?r T<*rw? tn. night* Here's my guarantee?Go to any drug store and get a bottle of Dodson's Liver Tone for a few cents. Take it spoonful and if it doesn't straighten you right up and make you feel fine ind vigorous I want you to go back to the store and get your money. Dodson's Liver Tone is destroying the tale of calomel hccautte it is real liver nedicinc; entirely vegetable, therefore t cau not salivate or make you nick.