Lancaster enterprise. [volume] (Lancaster, S.C.) 1891-1905, December 03, 1902, Image 6
%
t>lvnyinVp CASJ5
Against the L. & r. K. K. Co
Nonsuited?Opinion IMivered
by Mr. Justice Jones.
This wh? at> action for $15,00<
damages for the alleged killiio
of plaintiff's husband, througl
the negligence of defendant
whil-t the deceased waa walhiig
On a certain trestle on defenc fcnt'B
right of way. On the clo
of the plaintiff's evidence ti
circuit court (Judge Townsem )
on the motion of the defender
ordered a noncuit. The plaintiff
appealed.
?f _ T.._i T - . Til
an. uu?nu? iiua?? ; mere wmc
no evidence whatever of any neg
ligence on the part of the defend
ant, except upon the theory that
there was Rome evidence that the
railroad trestle upon which the
fatal collision occurred was a
"traveled place" in the eense of
the statute, and that the trestle
constituted a part of the crossiug
To give a right of action the
collision must be on the crossing
where the railroad track crosses
the public war.
The statute contemplates a di
rect crossing?not such as is attempted
to be set np in this case.
There was no evidence of any
way, which the public had acquired
the right to use, leading
out, along and from tha trestle,
Seekw to oonotitnto 1 ~ ?
w Vi4 uv V41 VJ 1/1 CO HO U
part of such way, and even if it
were admitted to be possible for
the public to acquire the legal
right to use the railroad trestle
already dedicated to other public
uses there was no evidence that
the collision occurred at a place
where ihe railroad and public
way crossed each other.
The evidence showed that on
each end of the trestle there was
placed a board warning all persons
to "ht.ep off" and that such
notice had been there ever since
the lease of the line to the Char
lotte, Columbia and Augusta
Railroad company, and before
t Ka /! ^ ? ? ? -? 1
...w Uviui"imn uutupany oecame
the owner?.
It was further shown that the
preside!) . of tho defendant company
refu*"d to allow planks to
be placed along the trestle as ai
walk way.
If th" r vidonoo in this caso.
tended to ?!>ow that the tre?tlc'
, , t
was a * lr.;vi*too place then there j
is ir:c"c' any portion of th !
lino of ) ilroad which has been
in ox.rt'1 for twenty year*;
which v not be ahov ;i to t.e
'Mnv ' lace"?for manv ;i
" ; ' ' e * s'1. s t, 0' a) oat a !
walking along tl '
aih when if the*,,
conveni iv to <io bo.
gra ntc?i.
Mr. J:i rcfi I'oue concurs.
?hi. ,mi" j * j - y <> .i* i< 'i '
went?np ?
Vr?*!?y To C!iI lif-?*n
.V "i? f'r ' t.r s;-ip r mv i- f< }
ittri ? > *if?> worm* in . i
Or?-i.. i i? *i*i not to aUniiHitler >
to f !i in . lit iw \' r t til*r** is i ?" 1.
I
Mel < n :<*r, who will r ; r
Ecu I the 11:. i.st i ui t-.i L ouh'it iN* as
as spec i a .trijs! al the o .ronati
(!tirl'.t:* i I ml) a, has Ij0611 (hioi)Li ,
twenty on military campaign
/or that pr.hlicution, iu?ii ?
with thf AMinntee war of 187;5i
and en'1'"'' with the recent cam !
pnign in >>'? jth Africa. He was
in Lao; . . !h during the siege oj
that pine.
i. \
Th i'i rt|?" !" ' r>ft ovory ho* of tho R ?noi
Laxat v 'ronuyQuinine thw
to?i rtu ui. . .1 ? * a cul l iD who ik .;
B They Always rtt. Ash
I your dealer to get just
what you want. Accept
I no substitute.
SB The best-made and most
I ROYAL WORCESTER (
| The Purest
t and Best
Are NONE TOO i
$ We keep a full line of the I
? buy. Accuracy and purity
scription entrusted to us is <
* pharmacy. Complete lino <
5 Medicines always on hand.
J for Fountain Syringes at ?Uc
* promptly to any part, of tl
* irom residence on Elm stree
| FUNDERBURB
^ - - *- - --* > ^ -*->? , ? *0
-tt-*' /tv 7tv7w rw /w
ASHC
Colic f
No disease to which horses a
are subject is more dangerous t
and none more easily cured whe
rect remedy is used. Colic attae
denly and oftentimes so severely
of the utmost importance to relic
iniai at once in order to save its 1
Asiickaft's Colic Mixture gi
speedily . \ surely, leaving no 1
effects. It has stood the ti nt for
0^ Ev<
. fi\ Y&f/fS*'
' *v- nig th
- J. / fore t!
r"'.: 7* V .1 vitalit
Zi/LlC in - * S "0
* "' 7 T> T? /* '
^ V*
j . .. ,1 L x.
if
*rf "'
r< "-O 5? j^sr*3r
u#f . THE vra
5UI-LRI0R IN yu
^ TO A.
I? ,/i.S,
Lit
?S$\ Address SOUT1
\ir<> i SAVANNAH; C/u THE
^ Tbe Demands 1
of Fashion 1
o always met by
ROYAL I
ORCEdTEB I
CORSETS I
STRAIGHT FRONT I
stylish corsets la the world.
CORSET CO, wo5"'K**B L
? mm A Medicines
|
GkOOD for the Sick.
iEST DRUGS that money can |?
is our motto, and ever> pre- #
compounded by a graduate in x
of Toilet Articles and Patent $
We also carry Rubber Tubing ^ ^
!. per foot. Packages delivered $ St
le city. Night calls answered *
t. t
[ MARMACY. f
RAFT'S
lixture
nd mules
han colic, y^r^f^rSKSiffi
n the cor- My f * flf%/Y
ks so sud- IS li^.%/ P A
that it is vSh
ye the an- |
life- .. ,
ves rt-nei "" ^ I
Ixid after- colic in first 9MGf >.
25 years. ' ,
*ry horse owner should hoop on liund( /
time a supply of this u .iicdy. The:
csulis ire always attained by applye
Mixture in the earlier stages be-:
he spa .**. " pa'it have .,,(i ,y 1 i\
y of the animal.
c only A k -er':' Colic Mixti re |*j
true uiu; .. remedy.
e. Bottle. Sold by ; 1
rp-s> .v iv- rrj Bros.
! <h
*
1 v? ?? ?-t v?T\ -'-i
' ^ a>.f *. > ' jj
, Mia N JIM tt**j * '
\Vfc c^^V) ' 1 I
(wv$ i
hp) i,
vip* ** ?v^i <Y>nMj i n
|:j/?t4|'
" "" mo
irrAni r p.vr 1/ ^1! ~
ALI I Y AND PJJR1TV 1
L OTHERS $|jjj
rMj meet || 'c
?bf iistxi H In
HERN COTTON OH. CO. Cp? *]
CARD!.WAS AND GEORGIA.
/
I Wo Matter V
1
[ come here every departm*
t gain story to tell yon, H
^ gathered here and there tl
j Great Bargain C
^ Comforts from 75 cents up. ]
I Men's fine shoes at 95 cents.
| Men's Suits at $2.25 and up.
, Mon's Llats at 45 conts and i
\ 25 cents.
A full line of Ladies Jackets?
[ lot of Capes?must be sold regai
Neckties, Collars, Cloves, Ui
| other things to bo sold as chap ?
see
R. MILES,
IMS!
We now have in stock and
complete line of Coffins ant
ock embraces
ALL SIZES AND
From the plain, cheap Coffin tip to
*11 and see us or seud us your order
ive a doath in your family. Prices
Lancaster Me
Lancaster, S. C., Oct, 23, "02tl.
Wm MMBB NffKUtw
IT P,
To Exchan
\t th e C
Wc are now taking S
leal and Hulls to be '
) II begins operating, on
.Uv> IDb. vOluun
i? fsf) lV>r*
s /?"> <*> 11 ~ ^ ~ ~ TT.,
*\J \J If,.. ?j. j?_.i <J < : O Ji ,.i
lbs, Sc
A f , -c-f ,>, * r
^ |M tscni piiccs 01 s<
; cotton seed meal at <
j
pou i n i s, a nil liis hul
unci red. For cattle feed
.,500 lbs. Hulls equ
300 " Lleal
.,300 lbs. Cattle Fooc
So therefore we give i
^r proportion, more n<
asily digested than co
ear 2 pounds of food fc
Chis to wagons at t
Kershaw
When You
;nt has its little bar- !
ere are a few items ( ! *
iroughout this !
living Store.
Blankets 50 cents up. ' ,
Ladies fine shoes $1.00. * i
Boy's Suits 00 cents up. i
up. Children's Hats at ' I
-must go at any price. A <
rdless of cost. M
aderwear and numerous g
is the cheapest. Call and g
I
The Bargain Giver. ?
INS!
COFFINS!
I will continue to keep,
i Burial Caskets. Our
01TAT.TTTP.S
Hi VJUUA X IJUkJi
the handsome Metallic Cases.
when so unfortunate as to
within the reach of all.
jrcantile Co. f
A
. - a
ge Seed
)il Mill.
eed in exchange for
A,Y. ~.i --1
n^iivujcu wucn our
following basis :
ed Iloai equals
Seod >
ills equals 1.00
sed. *
:ed Lid:, gels a man
)yy2 cents a sack of
lis at 21 ]/2 cents a
Ing purposes we give
als 500 lbs. Seed
450 44
1 for 550 lbs. seed,
i cattle food of bet
i
ourishing and more
tton seed, and give
)r i pound of seed. ^
;he mill only.
Oil Mil! '