Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1896-03-20
COURT OF APPEALS.

papy. This was case in which the
plaintiff was injured by falling into an
open pit filled with hot oil, which was
on the premises of the defendant COM
pany, and brought suit to recover dam.
ages for the injuries he had sustained.
The accident happened January II,
1892, and the suit was not brought until
June, 1898. The defendant pleaded he
statute Of limitations; the plaintiff de.
INJURED to the plea; and the court over
ruled the demurrer and gave Judgment
for the defendant. The question for
determination was whether the limita-
ton of five years or one year applied in
the case. Judge Rely, in a lengthy
opinion, upheld the Circuit Court OF
Elizabeth City county and the judgment
was affirmed.
Judge Cardwell delivered the opinion
in James's executors vs.. Life. This was
an appeal from q decree of the Circuit
Court of Pittsy lvania, and the question
involved was, whether judgment.
lien creditor can maintain his suit in n
court of equity to subject the real estate
of his deceased debtor until he has re.
vived his judgment at law against the
personal representative" Alter a
learned discussion, and the citation of
numerous autborities.it was held that he
can. The decree of the lower court is
affirmed.
President Keith delivered the opinion
in Richmond and Danville Railroad
Company VS.. Tribble's administrator
by which the Circuit Court of Culpeper
county was reversed.
Edward Tribble was killed by the
division of a train, and subsequent COL
lision between the two parts on the
appellants line of railroad. His adj
ministrator, Thaddeus G. Tribble, sued
the Richmond and Danville Railroad
Company for damages, and obtained q
verdict, subject to demurrer to the
evidence. for 81, 500, for which the Cir
cult Court entered up judgment. The
railroad company appealed. The APP
pellate court held that is was not
necessary for them to consider the evil
depce on which the verdict was based,
as to the condition of the coupling, the
pin, the caboose, and the whistle, etc.
The uncontradicted evidence shove,
that the train was fully equipped With
sufficient brakes, and that the person
who was killed was guilty Of gross neg
ligeDce is not ascertaining the sever.
ance of the train and making proper
provision for his safety; that he came
to his death by his own fault, or that
of his fellow brakeman, or that OF the
engineman that these, or one of these,
was the proximate cause, and that the
defects of machinery averred and
proved were but the secondary, or re-
mote, causes OF the disaster. The judg-
ment of the lower court is reversed,
and judgment entered for the appellant.
Smith vs. Smiths administrator. Judge
John a. Buchanan delivered the opn-
ion affirming the decree of the Circuit
Court of Madison county.
This case is somewhat analogous TO
the celebrated Bette Thomas Lewis
case, in which, after long fight in the
courts, the natural daughter of VIII
liam A Thomas, a wealthy resident Of
Henrico, recovered the bulk of MS es-
tate, which was valued at something
over a quarter of a million dollars
The opinion handed down yesterday
does not reverse that rendered in the
Bette Thomas Lewis case by the form
er court; yet the effect of the two de-
cisions, in view of the circumstances
under which the causes came up to the
tribunal of last resort, is directly con-
trary. In this case the question OF an
oral gift of property by deceased was
inyo yed. The court held with the low
or tribunal that the gift was not clearly
6 established by the evidence.
Lynchburg Peoples Building and
Loan Company vs. Fellers. From the
Circuit Court of Roanoke. Appeal and
Bond 5000.
City of Winchester VS.. Redmond.
Writ of error awarded. Bond $500
Mccarthy VS.. Southern Home Build.
ing and Loan Association. Appea ard
Boud $500. From the
Hastings court of the city of Roanoke.
Coons vs.. Coons. From the Circuit
Court of Culpeper county. Appeal
and supersedeas. Bond 81 900.
Faidley vs. Darby Manufacturing
Company. Appeal and supersedeas TO
the Hastings Court of the city Of Bris-
tol. Bond $500.
Tutwiler vs.. Chesapeake and Ohio
Railroad Company. Writ OF error
awarded to a judgment of the Circuit
Court of Fluvanpa. Bond 800.
City of Norfolk vs.. Mccullough.
From the Corporation Court of the city
of Norfolk. Appeal and supersedeas.
Bond 81 900.
Virginia Pyriies Company vs.. Sui
phur Mines Company, of Virginia.
Writ of error refused.
Bremen ct ais. vs.. A-ehart. From
the Circuit Court of Rockingham
county. Appeal refused.
Offterdinger vs.. Ford. Petition TO
Iehear refused.
Norfolk aud Western Railroad Conn
pany vs.. Dunnaway's administrator.
Argued and continued until to-day.
The two next cases to be called are
No. SO and 70: Boschen's eXec1tTlA
vs.. Jurgen's executrix, and Chesapeake
and Ohio Railway Company vs.. l.sso.
No. ~, Price (auditor) VS.. Smith, Is 10
De passed. to be heard after No. V, uef,
maine & Sons VS.. Washington Southern
Company, is heard.
VIRGINIA REPUBLICANS.
Mr.. Edgar Allan saws that the repuD,,
leans in all parts of the state o.
Virginia are turning against Colonsif
lamb. He claims that tbrty-0ne u
he fifty members of the State commit
az oypnpoth;,o .x;.h yyoJJ;ll oui HIM