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


VS.. John H. Johnston. Opinion by Judge
Harrison. affirming the Judgment OF the
Circuit Court Of Washington county.
This was an action for killing stock
by the defendant company while running
through the cclOsed lands Of the plaintin
The court holds that Section 1858 OF the
Code is an express mandate Of the Ia"
requiring the railroad TO fence its road
bed on both sides with a lawful fence;
that Section 1851 must be construed in the
light OF Chapter y, from which IL is
taken. The court construed the law 10 De
that when the railroad fails 10 obey the
law by enclosing its road with a lawful
fence, except where excused by the law,
that then il is liable FOR the stock killed
in running through the enclosed lands
Of the owner.
A. II. King and II. ". Daniel. trustees,
VS.. Bette q. Levy. Opinion by Judge
Harrison affirming the judgment OF the
Circuit Court OF the city Of Roanoke.
This was an action of deunue TO re-
cover certain goods which had been con-
veyed TO King and Daniel trustees.
The court holds that the prior sale 10
Bette q. Levy being a bona tide one, she
has title good against the trustees, be-
cause as such. under the deed of assign
ment. they took with fun knowledge
and complete notice of the prior sale.
AN ELECTION CASE.
Mckinney Us. Peers clerk Of Appomat-
tox county, by Judge Keith, president.
This is petition for mandamus pray
ing that the clerk be required 10 issue
a certificate Of election 10 petitioner as
a Justice of the peace. The mandamus
is awarded, the court holding that the
board of commissioners OF elections must
ascertain the result Of an election from
the returns exhibited 10 them, and that
TO throw out a precinct was an act OF
usurpatiOn on their part.
Go0delrs executor vs.. Gibson, &c.
Opinion by Judge Keith. Judgment Of
the Circuit Court OF Smyth county al
hrmed
The only point Of interest in this case
rises upon the plea Of the statute OF
limitations The court holds that the
plea is one which confesses and avoids
the plaintiffs action. that i'm the language
of Judge Carr Leigh, 2oS, it 'Dehooves
the pleader of the statute TO make out
a case TO which il applies
Grant vs. Sutton. opinion by Judge
Keith. From the Circuit Court Of Wash
ingion county. Affirmed
The appellant claims dover in certain
real estate, as 10 which the court holds
that neither the husband nor any one 10
his aid was seized during the overture
either In law or in fact. Her claim 10
dover was therefore rejected.
y, AND W ys HUGH BROWN.
Norfolk and Western Railroad Com
panv vs.. Hugh Brown. Opinion by
Judge Buchanan. Reversed. From the
Circuit Court Of the city OF Roanoke.
J. The master. whether natural or
artificial person, although ne is not
10 be held as guaranteeing the absolute
safety or perfection OF his machinery.
appliances, or other apparatus, provided
for the use OF his servants. must OBJ
serve all the care which the exigencies
Of the situation reasonably require IN
furnishing instrumentalltics adequately
safe.
?. But the use or cars in the same
trains, OF unequal height, with mismatch-
ed couplings, Is not per Sc negligence IN
the master, and a brakeman Is not en-
titled 70 recover damages FOR injuries re-
ceived by him whilst uncoupling such
cars. on the ground that the master
failed 10 provide suitable machinery.
6. Where an injury has resulted from
a certain wrongful act or omission, but
only through or by means or some inter
vening cause. from which last cause the
injury follows as a direct and immediate
consequence, the law viii refer the in
Jury 10 the last or proximate cause. ana
refuse 10 trace II 10 that which is re-
mote.
Shugart's Administrator VS.. Norfolk
and Western Railroad Company. From
the Circuit Court OF Washington county.
Opinion by Judge Buchanan. Affirmed.