The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1893-11-23
DECISIONS RENDERED BY
SUPREME COURT OF AP-
PEALS OF VIRGINIA.
Damages for a Delayed Message.


RICHMOND, VA, Nov, 16.-In the Vir-
ginia Court of Appeals to-day decision
was rendered in the case of the Western
Union Telegraph Company VS.. Tyler,
from the Circuit Court of Allegheny.
In this cause Tyler sued for and recov-
cred 800 from the company for failure
to deliver, "as promptly as practicable"
message sent from Ashvilie, N. c., to
plaintiff at Clifton Forge, Va. The
recovery was made under section 1892 of
failure to deliver or forward dispatch
as promptly as practicable the company
shall forfeit 800 to the person sending
the dispatch, or to the person to whom
it was Addressed 1t was admitted
that the message was not delivered as
promptly as practicable, but the company
denied the plaintiffs right to recover on
two grounds: First, because the action
ought to have been in the name of the
Commonwealth, and second, because
section 1899 of the code is repugnant to
the interstate commence law. Judge
Lewis delivered an exhaustive opini IN in
this case, in which he contended that
the section of the code in dispute was
not in violation of that clause in the
constitution which gives Congress ex-
elusive control over interstate COM
merce and the judgment of the lower
court was affirmed.
An opinion was rendered in the case
of the Richmond & Danville Railroad VS..
Dudley from the Circuit Court of Gull
pepper; the judgment of the lower court
was reversed This was case in which
David Dudley, conductor of freight
train train, was injured in coupling cars.
He brought suit and got verdict for
$4,000. The Court of Appeals, Judge
Fauntleroy delivering the opinion, held
that Dudley was the victim of his own
gross negligence and disobedience of the
rules of the company, and cannot re-
cover damages for his own wrong.
a Now Competitor OF the Norfolk &
Western Railroad.
dispatch from Roanoke, Va, dated
November 18th says: For over year
number of leading citizens of this city
have been entertaining the idea of build
ing competing line of railroad to con-
meet with some trunk line other that the
Norfolk & Western. A plan which for
several weeks has been under consider
alton by number of people eliminated
in the organization of Construction
Company, which proposes to go to work
at once to build road to connect either
with the Baltimore & Ohio or the Ches-
apeake & Ohio railroad in Botetourt
county, distance of about thirty miles
from Roanoke. The name of the new
company organized to night, and for
which a character will be applied for to-
morrow, is the Roanoke Railway Con-
struction Company.
The officers for the first year, who
were elected tonight, are: President
R. H. Hood, of Roanoke; Vice President,
j. F. Effiinger. of Staunton; Secretary
and Treasurer, J. w. Coon, of Roanoke;
Board of Directors, James S. Simmons,
Lucian H. Cock, NJ. A. Rife, R. H. Wood
rum and NJ. H. Clayton, of Roanoke;
Mostly H. Payne, of Buchanan; E. Dillon
and J. F. Effinger. The officers as well
as the other gentlemen who were instru
mental in the forming of the company are
men of means. They believe in the sue
cess of their plans