The times. [volume] (Richmond, Va.) 1890-1903, 1897-07-29

out ratification Of tho stockholders, u
was not such a contract as the BOARD
| could make under the circumstances OF
this case. Pepper had full knowledge OF
the action OF the stockholders looking TO
winding up tho company.
Under the conditions as stated the
Board had no power 10 purchase for the
company the stock OF one OF It's stock
holders with its property, thereby dimin-
ishing its assets and increasing it's ina
bility to meet It's obligations, and adding
to the burdens OF the other stockholders.
They can make no disposition OF the cor
porate property which shall not ensure
10 the equal benefit OF all the stock
holders. Such an act IS not merely ultra
wires, but a fraud upon the other stock
holders. Thompson on Corporations.
secs 399j, 1888. Green's Bricc's ultra wires,
isi (n).
STREET IMPROVEMENTS.
Powell VS.. Town Of Wytheville. Re
vcrscd. Opinion by Judge Richard son.
The corporation authorities in making
street Improvements injured plaintins lot
The Injury was set out IN the declaration
which was demurrcd 10 and demurrer
sustained.
Held: If the town exercised reasonable
care IN doing ,he work authorized by SIS
charter &c would not be answcrable TO
owners OF adjacent lots, whose lands are
not actually taken. FOR consequential dam
ages. But IL such work was not done in
q proper and skillful manner there arose
a Common Law liability for all damages
not necessarily incident 20 the work.
chargeable TO the improper manner Of
executing &C.. Smith vs.. city Of Alex
andrla SO Graft 1oS &c. Kchrcr VS. city
OF Richmond, 81 Va, 7i5; Home building
Company vs.. city Of Roanoke. 9l Va. 81.
y. * w. Railroad Company vs.. Carter.
To. 5S7. 1928. TORY VS. City Of Richmond,
y S. +. r.. 400
CONTRIBUTORY NEGLIGENCE.
Mcdonald s. administrator vs.. ~. AZ ".
Railroad Company. Affirmed. Opinion
by judge Rely.
brakeman on r passenger train lost
his life attempting 10 couple two cars,
the c0uuiers or which were mismatcned.
The Company was gradually substituting
the Janney COuDlors but the change had
not been completely effected There Is
no evidence that either coupler was out
Of order, but were simply ,ot dlgHroht oe-
signs and the coupling thereby. was rem
dered more difficult and dangerous. These
mismatched cOuplers were IN use wncn he
took service with the Company and he
made several trial trips 10 le1,n MS bus
mess. and was especially taught as 10
these couplings ana was inrrm'. Of
their danger. which was obvious lie
made no complaint OK the coup'cfs. Nor
ASKED that thoy bc rcmedlcd but contin-
ued 10 work FOR a year. using them an
tho time and with fun knowledge o. dan
ger.
Held: Tic asermsd all risk 20 be rea
sonably approhended and was bound 10
exercise commensurate care AMI caution.
When killed De was trying 10 effect tho
coupling in the most dangerous way. con-
trary 10 tho usual way, and the way ne
had been caught
?. While DE Master must use ordinary
caro- and diligence % provide safe and
suitable machinery and appliances. tho
servant also assures an the ordinary risks
of such service. all risks from causes
known - him, or which are open and
obvious 10 observation. and he must cX-
orciso reasonable care and caution for
his own safety while engaged M the
Masters service. So also. If injured by
reason Of defective machinery. &c. or
its unsuitablcness, such defeat or insult
ableness being known 20 him and he.
with such knowledge remaining I'm the
service, and continuing IT'S use without
giving notice of tho defects &c, TO the
Master. or without a promise TO remedy
the same, he viii he taken TO have as
sumed the risk OF all danger 10 be rcas-
Onably aprrchended. and IS bound TO cX-
ercise care and caution commensurate
with the porils. . Elliott on railroads.
section 1873 Y. and w. Railroad Company
vs.. Ampoy % Va. -0S; Bertha Zinc Com