Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-06-03
ROADS NOT LIABLE.
IMPORTANT AND FAR-REAcHlNc DE-
ClSlON BY JUDGE COLEMAN.
Lands Must BE Enclosed by Actual Fences
or Damages Cannot BE Obtained
a Business Judge.

CHASE CITY. VA, June 2.-tSpeciaL)-
The Circuit Court for Mecklenburg has
been in regular session this week, with
Judge Samuel +. Coleman presiding. The
docket was a large one. but the lawyers
say less money was expected than usual
from this court.
A very important case with reference
to railroads and owners OF cattle and
other animals along the line Of the road
was decided by Judge Coleman. This was
on an appeal from the decision OF the
County Court. The attorneys for the rail-
road stated that IL was the first case OF
the kind ever taken in the State for the
decision of the Circuit Court. and was
far-reaching in Importance. This was an
action OF trespass against the Atlantic
and Danville railroad for killing cattle.
The County Court Judge W. u. Hawes)
had decided that the railroad was liable
for damages without proof of negligence,
because the railroad Is required by section
1858, Code OF Virginia, 10 fence In their
road-bed through all enclosed lands, ana
that all lands in county where II no
fence law had been adopted by the Board
of Supervisors declaring boundaries OF
tracts of land lawful fences, were en-
closed lands within the requirements OF
the statute, and although the lands on
which the cattle were killed were not en-
closed by an actual fence, the railroad
was liable.
REVERSED.
Circuit-Judge Coleman reversed this de-
clsion, and held that the lands must be
enclosed by an actual fence. anu that
imaginary boundary lines contiguous To
railroad right-of-way were not lawful
fences So in a no-fence-law district there
must be proof of negligence on the part
of the railroad when cattle were killed
before damages could be recovered.
Through enclosed lands the railroad must
fence In its road-bed or be liable for
damages, and proof OF negligence not
required.
Messrs. Richard Wake, OF Norfolk. and
w. A. Fentress. Of Portsmouth, appeared
for the Atlantic and Danville railroad.
and Finch & Faulkner, of Boydton, for
the plaintiffs. There were numerous cases
involved I'm this decision. and it attracted
great attention. and was ably argued OH
both sides.
Mr.. Robert Catlett, attorney. OF Lex
ington, Va, was in attendance at this
court. representing an important attach
ment suit against +. w. Breed, OF Bos-
ton, Mass.
A GOOD JUDGE.
This term Of the court VIII probably
not adjourn before the 9Th of June.
Judge Coleman Is one OF the best Judges,
who has never presided over this circuit,
and dispatches business with n readiness,
ability. AMI dignity seldom equalied. Tn
der his administration of the duties Of
his position there have been a prompt
ness in the attendance Of jurymen and
witnesses and better order during the
sitting Of the court than ever before
known here. Delays. disorder, and use
! less consumption OF time by attorneys
| and others are not toerate ted by him. A
very decided Improvement IS apparent TO
all who have business in the temple OF
| justice
FOR CONGRESS.
Mr.. Robert r. Thorpe. OF this county
| has announced himself a candidate for
| Congress at the ensuing election. lie is
| Independent of party but Will accept
| the enforcement and support OF any. He
| Is at present, and has been for twelve
years. the Attorney for the Common
wealth for Mecklcnburg. ana a gentleman
| OF popular demeansr and splendid abili-
| ties. Heretofore his party affiliations have
| been with the Republicans. He will tho
| roughly canvass the district, and will be
| In the field until the end OF the race.
Good weather and fine tobacco seasons
| prevail