Savannah morning news. [volume] (Savannah) 1868-1887, 1886-01-28
THE SUPREME COURT.
Foot Notes of Gases Carried Up from
Chatham County.


Foot Notes of Gases Carried Up from
Chatham County.
The following decisions in cases ap.
pealed from the City and Superior Courts
were banded down from the Supreme
| Court on Tuesday:
Nixon VS.. State. Keeping open tipping
house on Sunday, from City Court OF
savannah. Before Judge Harden.)
jackson, G. ii. The verdict is sus-
talned by the evidence, and is not con-
trary TO law or the charge OF the court.
2. Proof that n defendant was the pro-
prletress of tipping house, and that it
was kept open on Sunday, is sufficient to
show taat she is guilty Of the crime of
keeping it open, unless she shows by some
testimony that she did not know that IL
was kept open; and a charge to that
effect was not erroneous.
ca. The court instructed the Jury that
they could believe the defendants state
ment IN preference to the testimony OF
witnesses, if they saw Mt, and did not
charge 50 as to make the jury exclude the
statement from their consideration.
.. Although part taken out of a para
graph OF the charge, when standing alone,
may appear subject to criticism, yet if, as
in this case, when taken in connection
with the balance OF the paragraph it is
not eXceptlOnable; it will not cause a re-
versai.
4. The entire charge is uneXceptlonable
and gave full benefit Of the doctrine of
reasonable doubts TO the defendant, and
reiterated that knowledge on her part was
necessary. The evidence was conflicting
and the verdict was sustained thereby.
Judgment affirmed.
Walker vs.. Vale Royal Manufacturing
Co. Case, from City Court OF savannah,
before Judge Harden.
jackson, G. il. 1t is only when there
is no evidence Of vital controlling link
in the chain of facts necessary TO make
out the plaintiffs case, that a direction
by the Judge to the jury to find for the
defendant Is permissible. But where a
suit was brought for breach OF a contract
alleged to have been made by an agent,
and there was no proof whatever of the
agency, such charge will not require a
reversal.
,. The fact that the person alleged to
have been the agent Of the defendant at
the time OF the original employment, but
OF which there was no proof, was subse-
quently the superintendent OF the defend
ant company. aud that the plaintiff was
employed under him by The day, subject
to be discharged at the option OF the SUI
perintendent, was no ratification Of a con-
tract OF permanent employment claimed
TO have been formerly made by the agent
and for higher price. Hobby vs.. Afford.
September term, 1884, pamphlet, page 6. J
Judgment affirmed.
Roberts vs.. Savannah, Florida and West
ern Railway. Tr0Ver, from City Court
of savannah. before Judge Harden
Jackson, G. J.--SectiOn 1893 OF the Code,
which provides that "cott0n, corn, rice,
or other products sold by planters and
commission merchants on cash sale. shall
not be considered as the property of the
buyer, or the ownership given up until
the same shall be fully paid for, although
il may have been delivered into the pos
session OF the buyer" does not include
turpentine and rosin, so as to prevent the
title thereto from passing to the buyer
until fully paid for. Acts 1853 s. PIP. SIS,
81; acts 1891, p. 10; Code 1858, 1882; S,
Taunt., 430, 742, Io2.
"a. "Otncr products" construed.
d.. The act Of 1885 provides for includ-
ing in Slj9j OF the Code crude turpentine,
spirits turpeutine, r0sin, pitch and tar,
and thus gives a legislative construction
to the section as it stood.
Judgment affirmed.
Swint admir- vs.. Central railroad ct al.
Case, from Chatham. Before Judge
Adams
jackson. G.. 1.-THE presiding Judge
being dissatisfied with the verdict, and
having granted a first new trial, one
ground OF the motion being that the YER
dict was contrary to law and evidence,
this court will not control his discretion
in so doing; nor will il closely scan any
views Of the law expressed by the Judge
in granting the new trial, the presump-
ton being that on the second hearing he
will correct his own errors, if any.
JudO a firmad