Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-01-08
GAVE HIN DAMAGES.
,R. W. II. nARBEE RECEIVERS $500
FROM TIRE CITY.
TIE STREET IN BAD CONDITION.
, Defective Scwcr-ventiIator Caused
The Plaintiffs BicycIc 20 Throw
Van Lew Enters Her Protest.

van Lew Enters Her Protest.
one OF the most interesting cases which
.as been adiudicated in this city for some
l.mc. and one which viii prove Of special
interest 20 whcelmen. was settled In the
Jaw and Equity Court yesterday. when
Air. vs. H. Barbee was awarded damages
aeaust the city Of Richmond in tie sum
CT 500.
Vhe suit grew out OF an accident which
t.fn Mr. Barboe while riding his wheel
resr Richmond College BY reason OF the
csrltion OF the street he was thrown 20
3D.. ground and badly hurt The case was
roroishiy sifted. and the following were
ue .rucuons given the jury:
ghat IL is the duty OF the defendant
cty 10 Keep its streets fin safe condition
ana free from defects and distractions
dangerous TO persons passing along the
same m tho ordinary modes OF travel,
With ordinary care; and the defendant
f.. liable 10 r person who sustains injury.
without fault on his part. by reason OF It's
r.1..ct 50 do SO.
And n the jury believes from the evil
tnoc that riding upon bicycles is one
rf tlc ordinary modes Of travel BY per-
sons living Ia the city OF Richmond. and
that tile city IN its ordinances recognizes
as such ordinary mode Of travel by
&c citizens. Il Is the duty OF the city 10
Keep JOS streets Ia "a reasonably safe con-
.Hrl for persons who ride bicycles with
ordinary care 60 the same extent that
IS required of Sc for other passengers or
Vehicles
MUST FIND FOR PLAINTIFF
The jury are instructed that II they
believe from the evidence that there was
ar obstruction or sewer vcntilatOr I'm the
street where the plaintiff was injured put
tn.re hy the city or its agents which
rendered 30 dangerous 10 persons passing
along the same on bicycles. or IN other
vehicles with ordinary care. and thar
Ore defendant. or its officers or agents.
knew. or ought TO have known. of said
obstruction or sewer Ventilator. and that
ra plaintiff In passing along said street
. l's bicycle. with such care as an ordi-
. man would have observed riding on
Bicycle was thrown from his said bicy-
r.. iy reason Of said obstruction or sewer
v.Uiator and injured, then they must
f. Cor the plaintiff
~ the plaintiff had the right 20 as
SUM. that the defendant would perform
It- duty On keeping the street mentioned
.r The declaration I'm safe and proper
condition. and he was required TO eXer-
rsa only ordinary care, as explained in
these Instructions, in riding over the
place where the accident occurred, and
o. be- had knowledge of said obstruction
cr yontlator being in said street. his
1850 of said street with that knowledge
rot within Itself negligence and did
rot imrose on him the exercise of any
ty'-ao. ny care. lie was not required
It'd anticipate danger. or 20 be on the
LOOKOUT for its existence. beyond what
.s ordinarily exercised by one riding a
bicycle but such knowledge is a cir
constance which the jury may consider
.r determining the question whether or
rot the plaintiff was guilty Of cOntribu-
cory negligence.
BURDEN or THE CITY.
s. The jury are instructed that the
burden % proving c0ntrinutOry negligence
is ur0n the defendant. II that defence
isl relied upon. and IL may BE proven by
aFrmative testimony or may be deduced
r9n au the evidence in the case. but
r. defence must be established 10y
rreronierancs Of evidence in favor Of
tis defendant
The Court instructs the jury that
D. they find Tor the plaintiff. they are TO
assess his damages at a sum sufhcient
% compensate him for the loss of time
and inconvenience in HIS business, to-
ea.her with adequate compensation Tor
bodily pain and mental anguish caused
iy -he injury sustained in the accident.
The jury are instructed that the
ci-y is not required TO keep its streets in
amy better repair and condition for the
RIDING Of bicycles than IL is for the use
ai persons using other vehicles or travel
ing on foot and it's duty is simply TO
keep IT'S streets in "a reasonably safe con-
l.tiou for persons using the same.
The jury are instructed that, owing
80 tie fact that a bicycle Is turned over
hy distractions or depressions, when
ould not have turned over or injured a
h.ery. cart. or wagon. the rider of such
d. vehicle is in using the streets at night.
called upon TO exercise more care than
person driving a buggy. cart. or wagon.
MISS VAN LEWIS PROTEST.
Nss Elizabeth L. Van Lew, ex-post-
JIM stress of this city. who owns the beau
l'u. homestead on Church Hin. and who
-ss long been an advocate Of woman
srT.ace. visited the City Treasurer's Of
t.s yesterday, and paid her taxes for
-Nf a cording 10 her annual custom
tourh. Miss Van Lew wrote protest
which she couched in the following Ian
gHge. and appended 20 the taX-papers;
Richmond, Va. January z, 1897.
Demand having been made upon me for
re State taxes for the year 1886, In the
usual form prescribed by law, and all
women having been excluded from either
assessing the taxes or the laws under
which the assessments were ordered ]
Ctr solemn protest against taxation
without representation.
Z. L. VAN LEW.
BRIEF COURT ITEMS.
In the Clerks Office Of the Circuit
Court the trustees Of the Third-Street
African Methodist Episcopal church en-
tered petition for permission 10 borrow
EW
ln the Hastings Court the following
Gases were disposed of: Polly Finney
alias Fields Flnney, for house-breaking,
Twelve months and ! cent; Charles Law
l.aee FOR assault, one year In the peni-
Tertiary.
CLERK Christian issued the following
marriage Licensees: r. Theodore Vest
ana Belle c. Doremass; John II. Crit
ith and Fannie ST Clair Wilson; julius
l Levitt and Title Kraker.
Friends Of the Industrial Home.
Tae following friends Of the Industrial
Home have recently made contributions
'l ffat worthy institution. w. G. Jones