The times. [volume] (Richmond, Va.) 1890-1903, 1894-01-19
FOR THE RAILROAD co.
JUDGE LACY REvERsES THE DECIs-
ION or THE CcLPEPER COURT.
DeButts VIII Not Get tho Snug sum of
$1,000 From tho Richmond & Dan
VII, Railroad Co.-Other Cases.

In the Supreme Court OF Appeals yes.er-
day Judge Lacy submitted his opinion IN
the case Of the Richmond and Dauyille
Railroad Company against De Butts re-
of Culpeper county. rendered November
IL. 1890.
The action was for an injury received
by Dulaney +. De Butts. while I'm the en-
ployment, as brakesmsn. Of the COM
pany. at Culpeper rt;house, December
-, 1859, and the l)wer court returned a
verdict in favor of the plaintiff. fixing the
damages at $3.50
At the time Of the accident De Butts
was assisting in coupling some cars on
side track. lie mounted a disabled car,
and the train backed into the siding. He
cut the car of. and sisnalel the engineer.
whom he could not see, 10 pull up and
leave it. another breakman Of the same
train being put IN charge Of the switch.
De Butts then signalled for the train 10
come back. The car on which he was
standing was loaded with iron rails which
were somewhat shorter than the car. and
the framing OF the car He put out one
foot TO set the break. when the rails slip
ped forward, catching the brakesman's
foot which was injured, as we'll as the
ether leg. The conductor Of the train
was at that time In the Office OF the de-
pot sending a dispatch.
Whose Fault II wa,
Judge Lacy IN his opinion says that the
,.l,f. In on
ting off the disabled car outside the dis
tancc post: and also in putting his foot
outside the box-car loaded with rail-
road iron. iron rails, against which
train was to lunge by the brakeman
own signals. without these acts the ac-
cdent would not have happened W men
he siGnallcd the engineer 10 stop. the lat
ter could not be seen by him. and, there
fore, did not observe his orders. why
did ne signal the engineer whom he could
not see. and who could not see MIN ASKS
the opinion. Tin preference to his fellow
brakeman whom he says stood at the
switch in full view OF him, on an unoD-
str7icted track only a few yards or.
The opinion further asserts that IL was
an act Of diligence an0 In Itself negh-
gence to give signals g. persons out or
sight, and then act az II they would be
obeyed. The negligence of the company
according to the court. f. not established
and il Is clear that the Defendant IN 'r-
ror was guilty Of contributor negligence
by being inside the bcX-car in front OF
iron rails when he knew that the ear was
about 10 be struck by the train TO move
it, and especially So, when the tram was
coming back fast enough TO strike nara
The order Of the court vas that the
Cjrcri. Court Of CulpepCr which erred In
grant the defendant a new trial. and that
The plaintiff in error pay 10 the defeni'
ant i'm error its cost in the prosecu-
ton Of its writ Of error.
N.wTrisi FIR Phillips.
In the case OF Phillips against the
Commonwealth, Judge Lacy reversed the
decision of the lower court. 1t Will be
remembered that Phillips shot and KILL
"a 4 man in Alexandra, and that in
January. 1892. he was convicted In the
CORPORATION Court Of Alexandria OF muir
der i'm the first degree and sentenced
TO be hanged. The Court of Appeals
reversed this decision. At the second
trial he was found guilty of murder IN
the second degree and sentenced TO
eight years i'm the pententiary. An APP
peal was taken and the Court of APP
peals reversed the decision. which gives
Phillips new trial.
Chapman VS.. Chapman. from the Cir
cult Court of Madison county. affirmed.
Judge Lewis delivering opinion.
Buford VS.. North Roanoke Land and
Improvement Company. from Hastings
Court OF Roanoke. reversed. Judge
Fauntleroy delivering opinion.
Hardin VS.. Alexandria Insurance Com
pany. from Circuit Court of Wise coun-
ty. reversed. Judge Fauntleroy deliver
ing opinion.
Richmond and Mecklenburg Railroad
Company VS.. Humphreys, from Circuit
Court of Mecklenburg county, affirmed
Judge Richardson delivering opinion;
Judge Lacy dissenting.
Edwards vs. Edwards. from Circuit
Court of James City county and city
Of Williamsburg. affirmed. Judge Hinton
delivering opinion; Judges Lacy and
Fauntleroy cpncurring In results.
Rogers VS.. Commonwealth and Whalen
VS.. Commonwealth Submitted.
Virginia Development Company and
others VS. Grocer Iron Company and
others Same removed from Wytheyille
and put on privileged docket.
Thomas vs.. Ribble. Motion 10 dis
miss overruled.
Craig VS.. Williams, White & Company.
Further argued by Judge w. r. Staples
for appellant. and submitted.
Mr. j. Breckenridge Robinson. son OF
Judge Robinson, of Charlottesville, quail
fed to practice i'm the court.
The court adjourned until Monday next.
THE CLEKkN' CONYbNTION.