The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-10
SUPREME COURT OF APPEALS.
CONTINUED from First Page)


upon the record. There is no intimation
therein that this court could not review
the judgment OF the trial court on a de-
murrer 10 evidence unless there had been
a motion for new trial. See also >
Rand. /. Leigh. 4S4 II Va, 4l6; -
". Va. $50 The plaintiff in a writ of
error 10 a judgment on a demurrer to
evidence where there is no objection 10
the verdict, does not wish new trial
He wishes the judgment reversed and
judgment in his favor. In such case TINS
court cannot grant "A new trial IL must
either affirm the judgment or reverse
Il and give judgment for the opposite
party. Both upon reason and authority.
there is no necessity for a motion Tor
a new trial I'm the trial court In order
10 have a judgment on "A demurrer 10
evidence reviewed In this court.
3. The identical question I'm this case
the duty a railroad company owes to
trespasser upon It's tracks-was fully con-
sldered and settled ia Seaboard and Rail
road Company against Joyner, - Va.
l23 $. T.. Rep. 71S), approved and re-
affirmed In fuckers admir- against Nor
folk and Western Railroad Company
decided at the January term, 1886.
Judge Reilly, dissenting: II do not un-
derstand the Law 20 be that n railroad
company IS under no obligation 10 check
or stop its train upon the discovery OF
an object lying upon It's track which the
engineer cannot distinguish, but when
yet arrests his attention and warns him
of danger, until he actually ascertains
that the unknown object IS human
being. which Is 10 my mind the pracu-
cal result Of this decision. The con-
trary principle Is. 1 think. abundantly
al a
with the dictates Of humanity.
COMPENSATION OF JAILERs.
Price Auditor. VS. Smith. From the
Corporation Court OF Al sxan1ria. Re
yersed. opinion by Harrison, Judge
Held: !. The writ OF mandamus Is an
extraordinary remedy, never permissible
where any other proceeding IS adequate.
1t always involves some matter not mere
~ pccuniary or one OF the ordinary rene
dis would suffice; and most frequently
some question OF public importance.
Tho trainers OF the Constitution con-
ferred upon the court of last resort juris-
diction IN all such cases, and the Legisla-
ture has carried the provision into effect
by providing that there may be an appeal.
writ OF error or supersedeas In cases
where the question is not merely pecu-
MARY, referring only, however. TO such
section OF the Constitution.
The Corporation Court Of Alexandria
ordered an allowance Of $l62 10 the city
Sergeant. who Ia TALLER ex-oficio, for fuel
FOR the Jail and certified same TO the
City Auditor for payment. Auditor re-
ferred IL TO city Council. and they re-
fused TO allow It's payment. Corporation
Court issued mandamus to the Auditor.
Held. A jallOr's compensation is fixed by
law. Virginia Code section 1892. The
statutes prescribe his duties, and. with
equal clearness, hts compensation FOR dis
charging those duties, and nowhere is
there authority for holding that IL is the
duty OF the city 10 furnish fuel 10 cook
for the prisoners or 10 keep them warm.
On the contrary Il IS expressly provided
that the jallor shall furnish every prisoner
with wholesome and sufficient food, and
have his apartments warmed when 1t is
proper. and the only compensation there
for Is stated IN section 1852. Provision is
made In section 4079 FOR payment for meG--
cal attendance and clothing. Tho Tailor
might ask pay Tor lights, servants hire,
or food with as much prOprlety as for
fuel used in tho jail.
The cost OF keeping and supporting
prisoners in jail IS paid by the Common
wealth (section $500. except as TO prison
ers committed for violation OF city or
town ordinances &c. Acts lSs9-90, page
70.
Clason vs. Parrish. From the Circuit
Court OF Richmond city. Reversed. Opin-
ion by Harrison Judge.
Held: The effect of the statute. section
1878 IS 20 dispense with the proof OF hand
writing in actions on writings not under
seal, nothing more. Graft. 6l9. The
question Of handwriting not being in-
v0lyed. this section does not apply.
2. The material fact In issue being
whether the notes sued on. admitted 10
be the property Of Mrs. r.. had been
transferred by her, or by her authority
70 the plaintiff. and there being total
failure 70 sustain such issue on the part
Of the plaintiff on demurrer 10 the evil
dence judgment should have been for de-
fendant.
SUMMARY.
Judge James Keith p: Connely's
ex'ors VS.. 6. and O. Railroad Company
and Pullman Palace Car Company. Ctr
cult Court city Of Richmond. Affirmed.
Judge John ". Rely Coleman and ais.
vs.. Clayton and ais. Circuit Court OF
Gloucester. Affirmed.
Judge Il. II Cardwel: Morotock In
suraDce Company VS. Cheek Circuit
Court OF Norfolk City. Affirmed. COL
Inns ". Christian. Judge. Mandamus
awarded.
Judge John A Buchanan Magarity VS..
Shipman. Circuit Court Fairfax county.
Affirmed.
~ and W. Railroad Company vs..
Dunnaway's admir-. Circuit Court Hall
fax county. Reversed.
Judge George NJ. Harrison. Price. Au-
dltor. Va. Smith. Corporation Court city
OF Alexandria. Reversed.
Clason vs.. Parrish. Circuit Court city
OF Richmond. Reversed.
Virginia Fire and Marine Insurance
Company VS.. New York Carousal Manu-
featuring Company. Writ OF error 10 tho
Judgment Of the Circuit Court OF the
city OF Richmond.
Powell ~. town Of Wytheville. WITH
OF error and supersedeas.
Ewing vs. Grabeel Circuit Court Lee
county. Appeal and supersedeas.
Jordan. sc. VS. RivermOnt Furniture
Company and ais. Corporation Court
city OF Lynchburg. Appeal and super
sedeas Bond.
Butler vs.. Commonwealth. County
Court OF FauquIer. Writ OF error re-
fused.
Rudd vs.. Farmville and Powhatan Rail-
road Company. Petition 10 rehear judg-
ment entered az former day OF this term
Petition refused.
buchanan VS.. Edwards. Circuit Court
Wise county. Writ OF error refused.
Warren VS.. Warren, No. So. Further
argued by l.. T. ". Marye for appellants
and II. W. Pollard, Esq, for appellee.
and submitted.
The next case Is Eubank ys. Barnes.
No. 81. No. 9S has been disposed or.
Then Crawford Paving co. vs.. Brown
and ais, and the docket IN order.
The race-track habeas corpus case Is
set for the lith.