Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1896-04-03
COURT OF APPEALS.

In the Court Of Appeals yesterday
Judge Keith handed down an opinion
in the case of Richmond Railway and
Electric Company vs.. Mrs. Elmore
Bowles, from the Circuit Court of Rich
mond. Mrs. Bowles was injured by
jumping from q car, and sued in the
Circuit Court of Richmond for $4,000
getting verdict for 81, $50.
The first error assigned was that the
suit was brought in the name of Mrs.
Bowles, by Aubrey R. Bowles, her next
friend, and it was contended that 8
married woman over the age of 81 can
not sue in this State by her next friend.
This the Court of Appeals promptly
overruled.
Exception is also taken to instruction
4. which was that in estimating dam
ages, the jury might take into consid-
GRAFTON loss of time, expense of cure,
and mental suffering caused by the
injury also, future damages for loss OF
health, time and use of limbs, etc.
This, the court says, seems to involve
elements of damages which would be
properly recoverable by the husband,
and which do not constitute any part
of the separate estate of the defendant
in error. On that ground the court be.
low is reversed.
Another opinion by Judge Keith was
that of Boshen's ex'1. vs. Jurgens's
ex'or., from the Chancery Court OF
Richmond. Mr.. Charles G. Jurgene
had bought at auction lot on Broad
street which was advertised to be 13S
feet deep. Mr.. Jurgens contracted to
build store thereon to that depth, but
after his plan was made, he found that
the lot was only 129 feet deep. Mr..
Jurgens filed bill in chancery, claim
ing that he was entitled to an abate-
ment of the purchase money. In an
swer it was claimed that the plaintiff
should not recover, because the proper
ty was sold in gross and not by the foot.
The court decides, however, that while
there was no fraudulent intent on the
part of Mr.. Boschen, it was an error;
that contract of hazard has not been
shown; that the appellee has the right
W IcCOfOi1 hh4 CA3oo VIZ NAS1AOS Va WV
lower court must be affirmed.
Judge Jno. W. Rely: Morotock Insur-
ance Company vs.. Rodefer Brothers.
Corporation Court city of Danville.
Affirmed.
Judge R. n. Cardwell: Garland's
admir-, ct ais, vs.. Garlsnd's admir-, etc.
Circuit Court city of Lynchburg. De-
cree reversed.
Judge John A. Buchanan: Pierce VS..
Grice. Hastings Court city of Ports
mouth. Judgment affirmed.
Judge George M. Harrison: Chesa-
peake and Ohio Railroad Company vs.
Lash's admir-. Circuit Court city of
Lynchburg. Affirmed.
Commercial Bank vs. Rucker. Circuit
Court city of Lynchburg. Dismissed
as improvidently awarded.
Carter VS.. Commonwealth. County
Court Scott county. Writ of error re-
fused.
Spoor VS.. Pendleton, etc. Circuit
Court Smyth county. Appeal refused.
Hunts adm'x. vs.. Norfolk and West
ern Railroad Company. Circuit Court
city of Lynchburg. Writ of error re-
fused.
Harrison, etc., VS.. West Lynchburg
Furniture Company ct ais. Under Pc
tition of Woodson johnson Furniture
Company, to rehear an order refusing
its petition for an appeal. Petition re-
fused.
Danville Street Car Company vs..
Payne, No. 81. Argued and submitted.
Sherwood ct ais. vs. Atlantic and
Danville Railway Company. Petition
for mandamus filed.