The times. [volume] (Richmond, Va.) 1890-1903, 1894-03-30
THE COURT OF APPEALS.
COS TEN7ION OrTR mr. NynBTR
MsGfsTRifES ~ 4 DfsIGiCT.
A Railroad Has 60 Ray $1,000 Damages
Cases inYepiDR si0 goo Decided
Against Insurance Companies.

n DE Supreme Court or Appeals yes
trlay the most unique case OF the day
Was chat OF Hassett against Gurus. sheF-
&C.. from Elizabeth City county This
vas % petition for writ Of habcas cor
ras. in which John Bassott alleged that
te aas mcsally detained IN the JAN OF
elizabeth city county by virtue Of a
n.umus issued by $. O. Houchins. JUS
t.c of the peace. The contention Of the
petitioner was that Houchins was not a
duly authorized officer. and that his APP
r.nment 20 that office by the County
Court Of Elizabeth city county. under
section ~ 81 The Code was unconsttu-
ln.u and void.
Ihc portion Of the Code objected 10 as
constitutional proscribes that when
ever County Court shall be of the
opinion that the public service requires
. greater number OF justices or cOnstabies
aHy district than those specified IN
ue constitution and shall so enter Of
.r4 and designate a number OF such
alliUonai officers. notice thereof shall be
polished in such district ana ut the
reNt succeeding general election for dis
f.t officers sIch additional onices
SHAH D. elected ia the mode prescribed,
A.'
This same section authorizes the court
io appoint officers to serve until the
additional officers have been elected and
qualified.
The petitioners contention was that by
this enactment Honchins was not an Off
or. The second section Of the seventh
arf 0le Of the Constitution under the
bead ~ county organization, Ordains as
follows. Each county Of the State shall
ba divided into so many compactly To-
Gated magisterial districts as may be
Ieemed nccessary-nOt less than three.
providing. &c There shall be elected In
each district one supervisor, three
Justices Of the peace. &c" But the
fourth section saws: Nothing in this ar
ficle shall be construed AS prohibiting the
General Assembly from providing by law
for any additional officers i'm any city or
county,"
ln conclusion Of its opinion the Court
held u IL rs competent for the Legisla-
faf. i9 submit a matter OF local concern
90 DE decision OF the voters Of the
municipality 10 Is equally competent for
10 10 submit a similar question TO the
decision or approval Of the County Court,
and that, therefore, the act I'm question
IS Constitutional and valid. and that the
d itoner must be remanded 10 the Gus
iy Of the sheriff of Elizabeth City
county.
In the case Of the Norfolk and Western
Railroad Company against Phelps, which
Was writ OF error from the Circuit
court Of Lynchburg. Judge Lacy affirmed
the decision Of the lower court, which
rendered verdict IN favor Of Phelps
fixing the damages at 5000 Phelps was
'hoster' az the yard office lie took
caarge of an incoming engine by order
of the yardmaster in charge. Following
these orders slight collision followed,
and Phelps was badly scalded.
The Court held that the accident was
attributable 20 the negligence of the yard
MASTER and that therefore, the com
rlay Was guilty Of negligence through its
agent. and that Phelps was guilty of no
gligcnce. since he was obeying the
orders ~ Che yardmaster at the time of
the accident. that the action Of the yard
master in sending Phelps forward was
hn unnecessary exposure Of the employe
t9 danger by which he was injured with
olt fault on his part. and that the COM
rany Is, therefore. liable for damages in
CURED.
Against the Companies.
The court also decided yesterday the |
fle Insurance cases which came up on !
".'t NN NlN'A AANAA lilN 'ilEu4L 1UAll VI !
tl.peper. The style OF these cases were |
ne Virginia Fire and Marine insurance /
company, against Thomas. survivor. the /
hlIotook Insurance Company against /
Thomas survivor. the Georgia Home In
tirauce Company against Thomas. sur
NFar the Western Assurance Company
sainst Thomas. survivor. and the Moro
fo,k Insurance Company against w. a.
Thomas. The amount involved IN the
.Felu controversies was about $1,000,
and the questions decided were purely
hncal ones The Supreme Court af-
armed The action Of The lower tribunal
and the companies Will have 10 pay the
policies held.
other Cases
Brown aEainst Commonwealth. From
the Corporation Court OF the city OF
Norfolk. Affirmed. Judge Lewis deliy-
ring opinion
knchloe against Lake From the Cir
Cuit Court of Fauquier county. Judg-
ment amended and affirmed, Judge Hin
ton delivering opiI ion
compton against Thorns' administrator.
From The Circuit Court OF Bland county.
Aiiiined, Judge Faunueroy delivering /
opinion.
Benton aeanst Russell, sheriff. From
iNe county court OF Loudoun county !
'"i Alr4li4N"rN as lUlltNllrltly ]
ldei. Judge Hinton delivering the
opinion.
n.rH against Commonwealth Writ /
20. er allowed 10 a judgment Of the
t'0i. Court Of Lee county. November
p l>e. Affirming a judgment OF the
county Court Of said county
Thomas against Stuart Land and Cattle
Jmpany. Appeal allowed to a decree of
ae Circuit Court OF Russell county.
Eilnser against Keuney and Wilson
sainst Carpenter Removed TO Staun-
9n.
Virginia Development Company against
1ozier Iron Company. Removed to
n ytheyille.