Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1896-04-10
COURT OF APPEALS.

Inc Court Oh Appears rendered 4 df.
cision yesterday which is OF special in.
terest to travellers. The case WAS That
of D. F. Connell's executors vs. the
Chesapeake and Ohio Railroad and the
Pullman Palace Car Company. Con.
nell, who was a well to do business
man of Ohio, was assassinated in
sleeping car on the Chesapeake and
Ohio Railroad near Waynesboro. in this
State, on August l, 1891. Cornell oc.
cupied berth in the rear part of the
sleeper on the night in question. An
unknown man entered the car noise.
lessly and shot Connel down. The
man escaped almost before the other
inmates Of the Pullman We're aware Of
the occurrence, and was never arrested
Cornell was removed to Charlottesville
where he only fingered week or so.
The executors brought suit in the
Richmond Circuit Court against the
corporations named. The defendants
demurred to the declarations that they
were responsible for the preservation
of the lives of their passengers when
murdered by their fellows an assassin
from the outside. This view was sus.
tanned by the Court of Appeals which
declared that it was too much 10 ex.
pect railroad or Pullman company 10
protect their passengers under such ex-
traordinary circumstances. This is the
first decision of the kind ever rendered
in this country so far as known.
The opinion in the case Of Price, al.
ditor, vs.. Smith, sergeant, from
the Corporation Court Of Alex.
andria, was read by Judge Harrison.
The first question determined in this
controversy was the ght Of this court
to take jurisdiction by writ OF error in
mandamus proceeding where the
amount involved is less than $500. The
court holds that it is vested with origi.
nal jurisdiction to award the writ Of
mandamus in all cases without regard 10
the amount involved, and it would be
remarkable if the Legislature intended
to prohibit, review, or not allow 1t in
cases of mandamus, where the court
below in the exercise of its jurisdiction
has erred. In the case at bar the Cor
poration Court of the city Of AleXan.
dria entered an order allowing an &C.
count in favor of the sergeant OF the
city, who is ex-ofiicio its jailer for
S16296 for fuel furnished the city jail,
which the auditor and the City Council
refused to pay. The effect OF the de-
cision is that the jailer or sergeant
must keep the Jail properly warmed
out of the fees allowed him by section
1882 OF the code of Virginia, which al
lows 25 cents for receiving prisoner,
40 cents day for keeping and support
ing him, and where there is more than
three and less than ten prisoners, 81
cents q day, ana % cents day each
when there are more than ten prisoners
in Jail. The Court of Appeals says that
the Corporation Court erred in award
ing the mandamus prayed for, and that
its judgment must be set aside.
Judge John W. Rely; Coleman and
as. vs. Clayton and ais. Circuit Court
of Gloucester. Affirmed.
Judge r. II. Caldwell; Morotock In
surance Company VS.. Cheek. Circuit
Court of Norfolk city. Affirmed.
Collins VS.. Christian Judge. Man
damus awarded.
Judge John A. Buchanan; Magariy
VS.. Shipman. Circuit Court OF Fairfax
county. Affirmed.
Norfolk and Western Railroad Com
pany vs.. Dunnaway's administratcT
Circuit Court of Halifax county. Ke'
versed.
Judge George NJ. Harrison cla:on
vs.. Parrish. Circuit Court OF the city
OF Richmond. Reversed.
Virginia Fire and Marine Insurance
Company vs.. New York Carousai Man
ufacturing Company. Writ OF error 10
judgment of the Circuit Court oil Inc
city of Richmond. Bond $l,2u0.
Powell VS.. Town of Wytheyile;;
Writ of error and supersedeas. bouu
500.
Ewing vs. Grabeel. Circuit Court Of
Lee county. Appeal and supersede'''
Bond $500.
Jordan, ETC., VS.. Rlvermoht u.n.
ture Company and ais. Corporation
Court of city of Lynchburg. Appear
and supersedeas. Bond 5000.
Butler vs.. Commonwealth. Count!
Court of Fauquier. Writ OF error re-
fused.
Buchanan vs.. Edwards. Circun
Court of Wise county. Writ OF error
refused.
Rudd VS.. Farmville and Powha'an
Railroad Company. Petition to re tS:.
a decree entered at former day ol'H'
.erm. Petition refused.
Warren VS.. Warren. Argued sH'