Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-12-22
ROAD NOT TO BLAME,
THE NORFOLK AND WESTERN CAMS
AN IMPORTANT DAMAGE sU'L
A Father Given Charge Of Ills Children
Opinions Rendered In the saprs"s
Court Of Appeals Yesterday.

Yesterday was, in oil probability 'he
las, opinion day Of the present supreme
Court OF Appeals. and large NUMBER o.
decisions were rendered. The court VIII
probably adjourn to-day.
ons Of the most important decisions
~ ,he 1av Was that IN the case OF inc
No,,o,p ora western Railroad Company
ac-,,ra, Mars balls administrator, which
ms decided IN favor OF the railroad com
,,ory the ACCESSION OF the Circuit Court
=, ps5fo,d county being reversed. The
49,, ms unai ,imous IN holding that the
,-,ro,,, IuAee should have sustained the
So,ondsnts, dem, ,rror TO the evidence pro-
duccd By the plaintiff This case grew
80, =, ne famous Thaxton disaster. which
scc,rrsa on the night OF July l, 1889. In
.htch 20 many n tssengers persisted. The
train ran into a ,Yashout on n high en-
hankment. under which there was stone
cuIvert which had been there for thirty
five years. and always before had carried
~, the waters Of the heaviest storms. On
that night there WIS series OF CLOUD
bursts around the base OF the PEAKS
OF otter. and from one OF these the water
accumulated so deep against this emoahA
n,ent that IL washed out the culvert ana
the train coming along soon thereafter ran
upon the rails. which were stin IN place
ana sank into the chasm below causing
ore Of the most terrible ct.lamitics known
IN the history OF Virginia railroads.
Tho defence Of the railroad company
was that the accident was caused by the
nc, Of God In the shape of this unprece-
denied storm. and that no diligence on
ts part could have prevented the aecl,
dent The plaintiffs attorneys contehdeu
,bSt the ra.l-oad company could nave
ay,ised the consequences OF the act OF
Co4 by ordinary care. Thc jury hNeu
ne damages a. $500. ana the Crcut
cour, gave Judgment against the CON-
many. Now the Court OF Appeals declares
,Saf no negligence of any Kind whatever
wee proved against the company, anu
that ii is not responsible Tor the damages
sustained. III, ., 10
nending In Bedford Circuit Court waiting
on This decision. and IL is supposed thcy
will now be dismissed
FATHER KEEPS THE CHILDREN.
Judge Hinton delivered the decision IN
the case OF Slater against slater, from
me Circuit Court OF York county. inVoiN-
ING the care Of three infant children OF
Charles T. Slater and his wife, MIS- Anne
y n Slater Discussions having arisen
he.ween the husband and WIFE, the former
prayed to the Judge Of the county SouI'
bu, this was denied him. An appeal was
taken 10 the Circuit Court, and the Judg-
ment Of the lower court was set aslle,
and the little ones turned over 10 the
father. The case in this form came up
10 the Supreme Court. Judge Hinton,
in delivering the opinion OF the latter
tribunal stated that IL was the custom
OF the Court 20 remand the children IN
such cases TO the parent at whose hands
they would receive the greatest degree
OF affection and tenderness, ana win
whom their best interests ana weilare
would be subserved. II wever, in TINS
case. the father being an able and provi-
dent man. and the mother being IN rather
humble circumstances. the Court decided
that the father should have the care OF
the infants.
AN EVASION OF THE LAW.
Quite a unique question was settled In
the opinion in the case OF Lewis against
the Commonwealth, which came ny from
the County Court OF AccOmac The de-
PENDANT in this case. in the lower court
was tried and convicted upon an lnuict-
ment charging him with selling liquors
without first having Obtained license to
DO so The plaintiff In error claimed that
ne aid not sell the liquor but that II
had been bought beforehand by number
Of gentlemen who. when they went TO
take a drink. would drop a small sum OF
money I'm a box. The Court held that ms
was an evasion Of the Law. and that the
judgment Of the Circuit Court was cor
rect.
THE OTHER OPINIONS.
The other decisions handed down were
IN the following cases:
Lennig's executor vs. White. From Cir
cult Court Of Rockingham Reversed,
Judge Richardson delivering opinion.
Noight vs. Ravy. From Circuit Court or
Nansemond. Reversed. Judge Richard
ron
George and others vs.. Bates and others.
From the Chancery Court of Richmond.
Reversed Judge Hinton.
Grub vs.. Starkey. From Circuit court
OF Rotetourt Affirmed Judge Lewis.
john vs.. Chesapeake and Ohio railway.
From Circuit; Court Of Botetourt. Affirm
ed Judge Lewis.
Barker VS.. Commonwealth. From CIR
cult Court Of Henry. Reversed Judge
Ronald VS. Bank of Princeton. From
Circuit Court Of Montgomery Affirmed.
Judge Lewis
lins's personal representatives. From the
Circuit Court OF Shenandoah. Reversed.
judge Lewis.
Smiths executor VS.. Houseman and 9TH
prs. From Circuit Court OF Botetourt.
Reversed. Judge Lewis, Judge Hinton
Alexander VS.. Commonwealth. From
Circuit Court a. Clarke Reversed. Judge
cary VS.. Coffee Stemming- Machine Com
pany. From Circuit Court OF Bedford.
Reversed. Judge Fauntleroy.
Bunch We. Commonwealth. From county
Court of Louisa. Reversed. Judge Faunt-
leroy.
Green's administrator VS.. Grifin's adj
ministrator. From Circuit Court OF Fau-
qucr. Affirmed Judge Fauntleroy.
Richmond and lanyille railroad VS..
Scott. From Circuit Court OF Albemarle.
Affirmed. Judge Fauntleroy.
Astons administrators vs.. Kendrick
From Circuit Court OF Washington. Al
nTmed. Judge Fauntleroy.
Western Union Telegraph Company VS..
Bright and Chesapeake and ONO COM
pany vs. Hapner. Rehearing denied.
LoghOrne VS. City Railway Company.
Two cases. Rehearing granted.
Morrison VS.. Wilkinson and Throckmor-
ton VS. Throckmorton. orders Of SUBJ
mission set aside. and cases reinstated.
MR.. FOWLER RESIGNS.
Mr.. Thomas NJ. Fowler. of Louisa, ten
dered his resignation as crier and libra
rian. which position he has held for the
past twelve years. Mr.. Fowler made
farewell address TO the Court and officers
and lawyers, and Judge Lewis. in reply,
assured him that lie had made a very
faithful officer and had so conducted
himself as 10 command the respect and
goodwill OF the Court.
Judge Lewis appointed Clerk Taylor TO
Ill the vacancy temporarily.
Nsvs of Civ Hall Courts.