Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-12-09
DISTRICT COURT OF APPEALS.
Decisions Handed Down in Cases of
Local Interest.

An opinion was handed down by the Court
Of Appeals late yesterday afternoon in the
case of Mary Sanders Winters and her hus-
band, Percy Winters, against Richard
Mansfield, the well-known actor, denying n
petition for mandamus to compel the
lower court TO order the defendant to show
cause why judgment should not be render
ed as asked
Mrs. Winters originally brought suit in
the Supreme Court of the District to re-
cover money which she alleged was due her
through what she claimed to be a nom
fulfiiment of a contract on the part of Mr.
Mansfield. Tie jury awarded her damages,
but on an appeal taken by Mr.. Mansfield
the Court of Appeals held that salary was
due her only for the time she actually rem
dered service with Mr.. Mansfeld's COM
pany. Mrs. Winters then filed an amended
bill, claiming salary for the full term of
her contract
1t was contended that the Court of Ap-
peals contemplated such action, and, the~a-
fore, the mandamus was sought to compel
the lower court to order that the salary
for the full term be paid
IN dlsposlng or the matter, the Court of
Appeals stated that under the circum-
stances of the case it should rot make the
order. The court assumed that when the
matter is brought to the attention of the
court below, the proper order vii! be made
IF. however" the court concludes. lit
should become necessary the petitioncr ran
move for an Gld der to show cause"
The ruling Of the commissioner CT patants
Is sustained by the Court of Appeals IN the
case of Philip r. Dodge agains; Joseph c.
Fowler, each party claiming to DC The orig
inal inventor of the linotype typesct ling
machine. The patent office examiners
awarded priority to Dodge but on appeal
their decision was reversed by the examin-
er- in-chief, while the decision of the boa I'd
OIL examiners sustained nv he
missioner of patents.
In the opinion. written by Justice Morris
1t is stated that the court does not desire
it to be understood by the decision that
Dodge is entitled to a patent for his al
legged invention. What the court Goes de-
sire. it is stated, is simply that, assuming
that Fowler and Dodge have made the
same inventions independent of each other
and that Dodge has been the first 10 re-
duce it to a constructive practice by his
first application for a patent, the con-:
thinks the question of diligence should re
settled in his favor as against Fowler.
The judgment of the lower court was re-
versed by the Court Of Anpeals in the case
of VALE Gwynn, tr., against Mary Gwynn.
The late Gen. Walter Gwynn. it seems. left
a sum of $1,000 with his daughter Mary
for the maintenance and education of Wal
ter Gwynn, a grandson, the provision being
made that she be allowed to educate him
" here she pleased. The money WAS to
YER TO the daughter, it was provided. i'm
the event of interference The daughter
claimed that such interference had &C.
Cured. and retained the money. Walter
Gwynn, jr.. upon reaching his majority
entered suit to recover the sum mentioned,
with interest. He secured verdict. AS
stated, however. the Court of Appeals re-
vcrsed the decision the grounds that
Mary acted in accordance with the provi-
son Of her fGther's will
The judgment of the lower court was af-
ffrmed in the case of Michael L. Sullivan
against the District of Columbia. Sullivan
claimed that he was injured while walking
along a sidewalk laid by the District along
side the tracks of the Georgetown and
Tenleytown railroad. He was struck by
car because he said, the District was at
fault in locating the sidewalk where it Cid
He recovered damages.
Judgment was reversed In the case OF
Eugene A. Allen against John E. and
Thomas Lyon. Allen was awarded dam
ages for injuries alleged to have been re
ceiyed while in the employ of the defen l.
ants who are contractors
The commissioner of patents vas sustain.
ed in the case of Clark NJ. Plat against
Alfred ]. Shipley and T. r Hyde. tr., a
rateAt appeal case.