The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-03
Supreme C0URTOF APPEALS.
SIl fer Damages by a Married Woman
Separate Estate and Next Friend.
JURISDICTION OF 1 COURT OF EQUITY.
Conditions in Policy and iiStures-Iand-
lord and Tcnant-Noticc Requisite TO
EmpIoyc- ~ 10 Defective or Dangerous
Cars-Othcr Opinions.

Of Appeals yesterday:
Richmond Railway and Electric Com
pany against Bowics. From the Circuit
Court of Richmond city. Reversed
Opinion by Keith President
Is was passenger on street car In
December. 1892 Soon after paying her
fare hc trolley broke and fcll on the
hrakc-handlc with appearances so alarm
ms that she. attempting TO escape from
psi1i seemingly imminent. jumped or
fcE from the car and received injuries
thereby.
The declaration alleges. In one count.
that the conductor told her 70 jump while
The car WAS running at crent speed. ana
she was injured in attempting TO obey
HE directions. This allegation is
omitted in Che second count. but IN both
the specific negligence stated is the failure
OF The company Co provide adequate and
proper equipment for rs business. and
10 keep the same in repair Verdict Tor
$3.50 Motion 20 set aside overruled.
and exceptions Co this and other rulings,
and writ of error
Il WAS % married woman. and suit was
brought by her next friend Error as
signed that married woman. over TWEEN
ty-uue. cannot sur in this state 10y her
next friend. This point was presented
~ "io"'n 10 fD"S" 'i' VIII 10y ne
huiitl 10 '''i". "'''H uF lho'io" Jul al
res OF Ju"hilt"'' """ 10y ho.Io" 10 s,'
aSi"e tH' l'i"lcl a7 Co"tiai! 10 'he ''l,
dencc Held: The least technical and
most satisfactory way in which 90 con
slider Che point is the last mentioned.
sccuon 22S4 of the Code declares that
the separate estate Of q married woman
shA" .i''i~"'' "'i'..@ "'i'i lH'i'bs '"''-
Lst7 iol d wrong """ section --oo pro
woes that as To matters aHecuhS her
separate estate 7h' may sue anu nc
sutu lh inc same manner ana lh'I. SH"i.
De the same renleole' ln respect Ihei 'ol
Tor ana AGAINST her ana her sara estate
as Do ehe were unmarried. III was h'lu ll
Nofioh an" western f'difoad company
against b"I.htrly' decided al November
term. 1870 o. inns court, that under that
section the husband could not DE joined
in q SUIT Tor damages Tor "a wrong but
suit must Doe DO her own name, as j.
she "'ie u''iilhI Ii,n-
joy our Jaw infants sue 10y next iIlend.
4 married woman win respect 10 heI
separate estate sues lh hti own name
IT tWenty-one years or age. AIRS. y.
is more than tWcniy-onc. and IL was r.
regular to sue by her next friend. IL Is.
however none The less her suit-the suit
Of r. t Is. 10y A. r. T.. her next friend.
brought t0 recover damages for wrong
TO her, which constitute. when recover
cd, part OF her separate estate. She
was in court. tesunei on the uial, from
writ 10 judgment the proceedings snow
she was the actual, beneficial, substantial
party p.ainiH. ana uelng under no dls-
ability of infancy or coNerture she was
upon the fuoling OF an unmarried woman
Her next friend was but a shadow. Shall
the Intervention of that shadow defeat
The rights of the substantial party pres
emit in court. demanding justice ana pre-
sentns d sulilclehl cause OF aclloh
no olItci authority LOT either sue OF
this contention can DE round. ihe citeu
case. l' Ala "IN was ueciued uhueI ue
common law ana states tne law COT
Iecu4- except as 10 tne statutory c"ahBes'
-Not Only 'o"iu l'ihe Oo'e'1 "o' 80"
by nor ncAl Ifltnh' out I'D court oi
Jaw she hth ITO siihulhS at an. Inc
question seems different when the law
Is so changed as 10 permit her 10 sue as
feme sole in ID court or law. IL sun
remains that q married woman does mo-
properly appear by her next friend, hut
The case cited ialls snort on decidlns thdt
a party VINO mas tlsuI 20 sue ~ ~. ~
ne luiHeu OUT ol ,'ui "n," l'i v9'ii'i
N"". N""'' W ,'1''
lhta lHii vp'IiF I4t. "DuD' "'l 'i''' .'
nel next IiitH"' H. IVY iiiS'"N' as ~
'ee, party "ilH- sun 10y meat Iil'"''.
could not me court upon the MISTAKE OF
fact appearing "recl lhe sun 10 pro.
coed ln lhe name "i 'h' "ouIl VI
10y mi ,aht ,i Jaw may "ol 'he couI t.
without ~". great Su'lcn OF "ulnoll'S'
OF ANY i''''' 800 ~,
ihe next iIi'''' "l" p.''i,' ..'. '1uSt 10
li"'ttd Do l"' H'i'0 "I ''V 4'7i'''' Nd
parry
NH'i' 81" "'''"' %, '''o "'Vt i,',''.,h
s.'l iN lle i"n. W nus H'N' l'l'"N' i'o
'Hau-' o' i'.,..liN 'a ''''i IN, JIG
- ~
,. t. 49, o. 49,.
., - as, .,'. - -
'hih. H. f'" ', d " I'l'i Ileu oman l""s
@ln''.' l..' i" '''.0 .i0 i ,t'iI'-. W
-.t -l'.',... ''' ,I',-I H.,
'i-- .t- =, go. nv
49, ~. 80, ,l't -, ,''' go,
-, tl .t..i,.,,.
r,il.nce IN chou, that the ,rtre-tbe
lrsalirr, of which oecaeioned the acci-
danf-hal hroLen fra1uartl,- during the
fau of that wear WAS uronertlv admitted
~ Va 4,g II was there held mat en-
Moving au agency SO powcrful and dam
l,.ro,s as .tear, irvoi,es tho roenonei-
Iutt,, g., .r,,rio,- also tb., feet ,,ochaptcaT
,o,triyanc,.. I'm known use 10 avoid in
f,,r,es. and ths+ testimony was adrnissi-
a.. 49, move that she locomotive vvbich
"a tb. wood ON that occasion had on
80 M occasions emitted sharks and set
tr. fo nropertv along the railway. m or
d,r ia show negligence and defects OF
,rs,hirer, The same princinle is true
- li..t-i.tt,. which is eoualiv powerful