The times. [volume] (Richmond, Va.) 1890-1903, 1895-07-12

A fireman who leaves his place OF duty
without being ordered TO do so by his SUI
perlor. and goes between the cars Oh
his train to uncouple them. cannot re-
cover for injuries done him whilst un-
coupling them. even If IL were true that
the conductor was absent from MS place
of duty the train not sufficiently manned
and the engine out of repair
o1HfR CASES.
Hughes Administrator vs.. Pattersons
Executor From the Circuit Court OF
Washington County. opinion py Judge
buchanan. Reversed.
Where a contract is so indefinite that
It cannot be enforced II one OF the par
ties has made expenditures upon the
faith OF the contract, and is In posses-
sion OF the property concerning which
the contract was made. he viii be en-
titled TO recover what he has expended
upon the faith Of the contract. and TO
have it charged upon such property.
Norfolk and Western Railroad Com
pany VS. Carter. Opinion by Judge Rely,
Affirmed From tie Circuit Court OF Rus
sell county.
This was a suit by an adjoining land
owner against the railroad company for
damages. for so constructing the en-
bankment Of its road 10 obstruct the
furnace water. which. prior 70 the build
ing Of the road. was accustomed TO how
by natural channels from the land or
the plaintiff, across what Is now the
right Of the railroad company. into
Cliuch river; also for damages for de-
posting rhe waste earth, stone, etc,
arising from the construction OF the ROAD.
outside OF its right Of way. on the land
OF the plaintiff. and allowing IL to re-
main there by which his necessary
rass-wav 10 another part OF his land was
. DESTROYED 10 was held by the court
that other acts were Illegal, and that the
verdict of the jury for SloO was sustain
ed by the evidence. and was not eN-
cessive.
Wards Administrator VS.. Cornett. opih-
ION by Judge Reilly. Affirmed. From the
Circuit Court Of Grayson county. This
u.os a qui, on "A bond. which was made
pavable two years and three months
from it's date. and on its face bore no
interest until il became due, but after it
fell due Il was 20 lear per cent. inter
est until paid. ItN laimed by the au-
rninistrators of the deJ,or that TINS was
"a usurious contract. 1t was proved tnat
Der cent interest only was concluhed
I'm The amount for which the Dond was
Given and that the debt was TO be
promptly paid at its maturity. The court
held that The illegal interest provided Tor
after the debt became due was In the
nature of a penalty 10 compel prompt
navment and did not render the deot
NorfoI, and Western Railroad Company
" Harman and Crockett. Opinion by
Judge Rely. Affirmed. From the CIR
cult Court of Smyth county.
The question involved IN this case was
the liability of the railroad company as
carrier of live stock. TO provide suitable
-
I'm It's cars. A lot OF lambs, while being
loaded were allowed access 10 salt water
which was allowed 70 flow into the stock
mems from a saltwater tank, and thereby
caused the death of large number OF
them. Ii was known To the company
through its agent at the station. that
the salt water flowed into a broken cul-
vert within the pen. but the owners OF
the sheep were wholly innocent OF II.
Held that the company was liable for
the loss Of the stock.
COURT ROUTINE.
Following are the proceedings OF the
court:
Langhorne vs.. Richmond city Railway,
etc. Petition for a rehearing. Refused.
BOYD vs. Young. Petition 10 reconsider
order refusing appeal. Petition re-
fused.
| Motion TO have record printed without
cost to appellants, or TO near without
printing. Refused.
Mills vs.. Commonwealth. Writ or
error and supersedeas awarded to a
judgment of the Corporation Court OF the
city Of Danville.
stoffel and ais. VS.. Perry & Co. Appeal
and supersedeas to a decree o. the CIR
cult Court Of Washington county. Bond
I'm penalty of 800.
Sergeant VS.. Irving Writ OF error
and supersedoas awarded 10 judgment
| of the Circuit Court OF buckingham.
Bond i'm penalty of 500.
Ruhl vs. Ruhl. Writ of error refused
TO a decree of the County Court Of Shen-
andOah
Baltimore and Ohio Railroad Company
vs.. Fews' executor. Writ OF error and
supersedeas to a judgment of the Circuit
Court Of Shenandoah county. Bond IN
the penalty OF 1900.
Patterson. trustee. VS.. Chesapeake and
| Ohio Railroad Company. Writ Of error
and supersedeas awarded 10 a judgment OF
the Circuit Court Of Amherst. Bond In
the penalty of $50.
Perry vs. Brooks. Appeal and super
sedeas awarded TO a decree Of the Cir
cult Court of the city of Roanoke. Bond
IN the penalty of $40.
Hollands Administrative VS.. the Sea-
board and Roanoke Railroad Company.
Writ Of error refused 10 a Judgment Of
the Circuit Court Of Greensville county.
Pasquella FRANCO alias Preston Ross
VS.. Allegheny Iron Company. Writ OF
error refused TO a judgment OF the c.
cult Court OF Botetourt county.