Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1897-03-26
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COURT OF APPEALS.
ALEXANDRIA, VA


The Court of Appeals handed down
opinions yesterday in a number of
cases. One of the most interesting de-
cided was that of Kibler vs.. the Com
monwealth, from the Circuit Court of
Page. In this case KILLER had been
convicted of the murder of his uncle
and sentenced to be hung. The opinion
was written by Judge Keith and it re.
verses the lower court. The homicide
was committed on November 5, 1895,
and there were five continuances. The
court instructed the jury at the trial
that possession of the fruits of crime re-
Gently after its commission affords &c
strong and reasonable ground for the
presumption that the party in whose
possession they are found was the real
offender, unless he can account for such
possession in some way consistently
with his innocence, and that in the case
OF murder this particular fact of pre-
sumption found also material element
Of evidence in connection with other
facts proved in the crse. Judge Keith
says this instruction is erroneous. For
the error of this instruction the court
below is reversed and Kiblcr will get o.
new trial.
Another interesting decision was the
reversal of the Circuit Court of Alexan.
dria in the case of the Washington
Southern Railway Company vs.. w. n.
Lacy. Lacy was seriously injured and
had his horse killed at crossing in this
city. He sued for SIS 900 and gotta ver-
dict for $500. Judge Buchanan de-
livered the opinion of the. court. The
court holds that "the mere act of look
ing and listening for train is not al
ways the performance for duty incum-
bent upon the traveller; he must also ex-
ercise care to make the act of looking
and listening reasonably effective. He
must not approach the track at such o
rate ofspeed that when he reaches
point where he can see or hear the train
it is too late to protect himself from in
jury. He must exercise ordinary care,
sc. The track itself is q proclamation
of danger. He should look in both d.
rections from which train could come
and il his faculties warn him of the
near approach Of train he should keep
of the track. The negligence referred
to deprived the plaintiff of the right 10
recover.
Other oprious were rendered as
follows:
By Judge Geo. NJ. Harrison Has.
kin Wood Vulcanizing Company VS..
Cleveland ShipbuildiDg Company, Cor
poration Court of Alexandria; affirmed.
Held. l. Under Code, sec. 1l49, any
lien or incumbrance given by a cor
poration on its works or property for
the purpose of preferriDg creditors, ex-
cept to secure debt contracted or
money borrowed az the time of the
lien, etc, enures to the benefit of
all creditors existing at its date.
2. Where machinery or apparatus is
permanent in its character, and essen
tial TO the purposes for which a build
ing is occupied, it must be regarded as
realty, and Will pass with the building.
Whatever is essential to the purposes
for which the building is used will be
considered as a part thereof, though
the connection between them be such
that it may be severed without physi-
cal or lasting injury to either.
Bnmgardner and others VS.. Ham
mond Typewriter Company, Circuit
Court Of Wythe county; writ of error
refused.
Terry against city of Richmond:
further argued and submitted.
Richmond Locomotive and Machine
Works vs.. Ford; argued and continued
until to-day.
By Judge James Keith: Pettus vs.
Atlantic Savings and Loan Associa-
ton, Hastings Court city of Roanoke;
affirmed.
BY Judge R. H. Cardwell Classified
Building Association vs.. Coleman &
Sans, trustee, Circuit Court of Nor
folk; affirmed.
By Judge John A. Buchanan New
York Life Insurance Company vs. Davis
and others, Circuit Court of Henry
county; decree reversed.
The next case to be called is Taylor
vs. Mahoney, No. 70.