The times. [volume] (Richmond, Va.) 1890-1903, 1896-02-21

pRtc4UTiONs REQUIRED 10 PRE-
TENT INJURY TO PERSONS.
Not Necessary To be Provided win the
Latest Inventions sale of Land beionE-
ing to infants other Opinions.

handed down III the supreme W. -
teruay. 49,.
.s. etc. vs.. hibble, etc. From the
CORPORATION Court OF Norfolk. Affirmed
Opinion by Keith president.
4 DIN WAS nied by the dovisees oil
Eliza HlbDie to set up deed alleged 70
have been executed Dy Joseph idDOie
in his lifetime 10 their testauN.
The court held that court Oh equity
has LnuouDted jurisdiction 10 MAINTAIN
suen IL STAT, uuL a. la "a 4dAb cIolr J-i.
dfctiOu, anu 50 DItsi..ant "a oPp.- 800
ties vi lIdud ana l44J saIce ti"t - 49,
utf iae lllnIy tAvIClaDA, nor eArtpl DP"A
the cloaIest anu mosL stringent piOoi.
Aller careful e2amlnat.On oi the tft-
d,uce the court sds mat ths ,.''' 10 :,
oil the deed alleged 30 nave NC "a
lost. is nOt cstaJu.ueu with tnht u'
gree OF certainty ana concitsiNehe's r.
0lirea by uIe law ln Greer TO SET W
"A lost instrument, anu esd. iisn lilt nn-
der IL against ilawiess utie OF Ie~Vi"'
ACTION fOK DAMAGES.
Richmond Railway ana Electric Com
pauy rs. GartnllBnt. rom tne 'llc"41
Court OF klcnmond clty. AlIiineH'
Dpiuiun - 1852, Jnue. - ..
This was an action Tor damages 70
the foreman 81 IT. truck company oil the
tire Department a. hlcumuuu, mo W"a
injured ln a. cp4li4l,il al tue intersection
"a 1mrl ahd Nam streets.
go az instruction OIL the court below,
tnat DO pronounced the iauufc OF tns
electric company TO c4.lp its car Win
sprague motor 10 Dee negligence, Mhth
there was no cflulf.e before the july
tcullug 10 show t.at suCn motor Wac
q necessary equipment, Or ihat ihe iath
Oh IN cauatd tAe aeciutut.
The cNIutucc ttuetu TO SNOW tnat ineic
was 30 appreciate u.nelcnce utlNeeh
10. spi4g.c motor and the " esunsnoui.s'e
motor, and the car was equipped Win
ned. IN was the legal duty OF the de-
lcnoant company 20 prONlu" its cars win
suitable ana safe machinery. d. Dr. in-
cuulbent upon runway company, pro-
PEELED by the powerful anu dangerous
agency OF steam Cr electricity, erptc-tl-
IS I'm a large and pOpulOus city, 70 use
ordinary ana REASONABLE care % avail DE-
self OF ali new Inventions ana improve
ments known TO II, which viii contribute
10 the safety OF us passengers ldnd
prevent accidents 10 others. whenever
the uslity OF such Improvement has
been tested and demons lrated, but 30 IS
not required TO have In use the latest
lnpros en ents ahien human skill and in-
genuity have devised % prevent acci-
cents. lattersons Rwy Law. section
2i5-4,. Elliott on Streets, 60.
The instruction was erroneous I'm SIM
| Cling out the sprague motor. and max
/ ing liability OF The ,0mpany .cpend 10. Ju
rs lack of that IL tne lctcd that
I the accident could have been 8Reit0l
] ttH Nrtf NAfH II IAN NJI IttI SHOWN
[ that 10 was a better and safer appliance
/ than the Westinghouse. or that its SUE
I periority had been demonstrated by ac-
tut 81 does not follow that ihe iudg-
ment must BE reversed for that reason.
/ 10 being the settled rule Of the court that
/ II 1t can see from The whole record hat
/ even under correct instructions differ
| ent verdict could not have been correctly
found or hat eXceptant could not have
been preiudiced hy the erroneous iustruc-
non, n VIII not for such error reverse
/ II. q n. * NJ, s.. II Graft. ST. a. $50,
/ e Graft, lis; rs Va. A3. "a Va. i73. %
! Va, lg5. NJ Va. % ID. u: H.. 16f. 81
( Va, l6i, So5. ils, s. Va. 7e2. Rich. Gran
court-)
DAMAGES NOT EXCESSIVE.
/ ?. The people 81 q city. and vehicles,
/ nave the same right % pass along ana
/ intersecung street as the car has 10 go
across ~. THE ear has right 90 cross.
ana root passehscIa have lisht TO cross,
/ and must cross. the railroad track.
! Neither has superior right TO the 0th-
en- ID y. J. 1875 l2J y. D., 'o-. o.
Ana it IS gross negligence ga a street
/ railway company 70 oVererowd and load
I down us cars with passengers beyond any
1 reasonaDle ana proper limit. and conse-
/ quently not hc able 90 control and STOP
/ then readily as they appin1 n an inter-
/ secting street. in case lt may Boz necessary
/ 10 20 80 10 avert collision or prevent AN
/ accident.
3. The damages Gl.0O were not excess
! slNe. No method has yet been devised,
! nor scales adjusted. by which % mta ur-
| or weigh and value in money tle aoll eos
! or pain ana anguish Of a. SUFFERING human
being. nor ever likely 90 De-. THE damages
I were not so great. considering the IN
/ Iurics proved as 10 furnish ground for
I believing that the jury were actIatod hy
/ Partially or prejudice; and unless this
l la g. u. al ne u. q a.. %
| IN this state. the court should not disc
! iurh the verdict an Graft. COS. n. g. "
X. 4. Co. vs. Shott, ~ Va
Chapman vs.. Jewett. From the Cir
| cunt Court Of Chesterfield Affirmed.
| Opinion By Rely. Judge
Held. In the absence Of proof that real
! estate agent had authority from princi.
/ pals 10 make sale OF lard and sign con.
signed inadmissiele as evidence An.
! thorlty 10 sell the land even if conceded
/ conferred no authority 10 sign toH.
uact or sale that would bind PRINCIPALS
Mnich Nendee could enforce. Case fnl3
covered by Halsey VS.. N0ntoiro. reported
ln The Times Of the 18th instant.
SALE OF INFANTS LANDS.
Lancaster. &c. against Barton a. Lamb
&c, from the Circuit Court OF Henrico.
/ Affirmed. Opinion Dy Harrison. Judge
The questions raised Ie.atc TO certain
irrtsliaritles in proceedings Co sell land
oil infants. friendly SUIT was brought
by IT. and wife. parents of infant dee
/ PENDANTS. In their own right and ~ frus.
I tees under Will of g. H., o. take charge
! Of i0nd for their heirs. The defendants
7 were The five in ant children OF H. and
/ wife. three o. whom We're over fourteen
/ srocetdings are al regular on their face
I aI necessary parties, guardian All lifu
/ for infant ofltnlaufs. who files answer
! for them aud separate one in his propei
! person, and JOINT answer signed anl
{ sworn 90 hy The three infants over four.