Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-02-03
SUPREME COURT OF APPEALS.
a Number of Opinions Rendered by
lt Yesterday.

In the Supreme Court of Appeals yes
terday, all the judges being present,
Judge Hinton delivered the opinion in
the case OF McCoull against the city of
Manchester, affirming the judgment Of
the lower court.
Mr.. McCoull while riding down Hull
street, in Manchester, one night
rode into pile of sand left
in the street by builders and his
mare fell and broke her neck and Mr..
McCOull himself was somewhat injured.
He sued the city for damages, and fail
ing to get them appealed. Tho Court OF
Appeals held that plaintiffs declaration
was defective in that it did not charge
negligence on the part of the city.
In the course OF its opinion the Court
says:
Every obstruction of a public high
way is not necessarily unlawful High
ways may often be lawfully obstructed
when there is a manifest necessity there
for, as the authorities all show. But
this does not relieve the corporation of
its duty to supervise and see that the OBJ
struction is so guarded that the public
shall not receive injury therefrom. The
city had the right to pass the ordinance
authorizing the obstruction in this case.
1t was legislative or discretionary exer-
else of power which it had the undoubt-
ed right to make"
Randolph against Longdale Iron Com
pany. From the Circuit Court of the
county of Rockbridge. Affirmed, Judge
Fauntleroy delivering the opinion
Judge Richardson dissenting; Judge
Lewis not sitting.
This was a question of title to land
and of priority to Immigrants for "wild
land" and was quite "A valuable contri-
button to the history of Rockbridge
county and the way surveying was done
in the days of Alexander Campbell,
Edward Mclaughlin, and Mr.. Lusk.
There was also question OF the variation
of the magnetic-needle, the differences
IN cOmpasses, &c.
The view OF the lower court as TO the
lines in question was sustained.
Board of Supervisors of Frederick
county against city OF Winchester. From
the Circuit Court of frederick county.
Reversed, Judge Hinton delivering the
opinion.
This also was historical as we'll as
legal contribution. 1t was dispute be-
tween the county of Frederick and city
of Winchester as to the right to exercise
authority over certain lots in Frederick
which we're a part of the estate of Lord
Fairfax and were dedicated to public use
in 1743 before Washington had built his
fort in that vicinity.
Since 1901 the county and city have
had Joint use of these lots, upon which
were located the county courthouse,
Jail, market, horse-troueh, rack, &c.
Lately the city has undertaken to excr-
else jurisdiction over a part OF this
ground without the consent of the coun-
ty authorities, ard the judgment of the
Supreme Court is adverse to their right
so to do.
Wambersie against the Orange Hu-
name Society. From the Circuit Court
of the county of Orange. Reversed,
Judge Lacy delivering the opinion
Judge Lewis dissenting.
Shumate against Board of Supervisors
of Fauquier county. Upon apetition for
a mandamus. Rule nisi awarded, re-
turnable Dist February, 1883.
Bowen against Flanagan Perkins
against Jones. Petitions for rehearing
denied.
Gresham against Ewell, Judge. Argued
by JudgeJ. b. Sener for plaintiff and B.
Ran. Welliord for defendant.