The times., 1898-12-10
ELEVEN MORE DECISIONS
Court of Appeals Hands Down
Its Opinions.
MRS. PAYNE's JUDGMENT
Lower Court Sustained In the Case
of Dempsey Against the Tcie-
phone Company All Cases Of
Much Local Interest The Com
missioner Of Patents Sustained.

Eleven decisions We're handed down
yesterday in the Court OF Appeals for the
District
In the case of the District of Columbia.
appellant. against Emma B. Payne, the
opinion was by Chief Justice Alvey, who
affirmed the Judgment of the lower court.
which WAS in favor of the appellee,
Payne. The action was for damages,
Mrs Payne alleging that she was Sc
verely injured by falling through sewer
trap at Four-and-a-half and c Streets
northwest, which she claimed was out of
repair, improperly protected, and dam
gerous.
In the case of Thomas Babbington and
Company, the opinion was also by Chief
Justice Alvey, who dismissed the appeal
from the findings of the lower court.
taken by the plaintiff. The bill of the lat
ter asked for the appointment of re-
ceiver, for the estate OF John A. Boland
the proprietor of saloon, TO whom the
plaintiff in the original suit had loaned
SiJO anu IL Cuditci ufOitGdSc uPofi
his effects. The appellants were also
judgment creditors.
The opinion of the lower court was
also affirmed In the case Of John H.
Crumbaugh and Josephine v. Crum-
baugh against the District of Columbia.
who sued for 5000 for damages sustained
by Mrs crumbaugh by falling through
a hole in Canal Road. in NJ Street ex-
tended. The condition of the road was
not denied by the counsel for the Dis
trict of Columbia The lower court was,
however asked to instruct the jury to
return verdict for the defendant be-
cause of contributory negligence on the
part of the plaintiff in not avoiding the
danger.
In the case of Mary j. Mcbride
against the District of Columbia. the
opinion is by Mr.. Justice Shepard. who
affirms the findings of the lower cou.t
Mrs. Mcbride kept a refreshment stand
at the entrance of the Geological Park,
and on being notified to vacate refused
to do so. on the ground that she hsd
lease giving her the right to remain.
The Commissioners commenced eject
ment proceedings and the lower court
sustained them and ordered her TO va
cate the premises and she took an ap-
peal.
In the case of He'll F. Graham. ap-
pellant, against William S. Fitch, exec
utor. garnishee OF Horace ]. Gray. the
judgment OF the lower court was also
affirmed The case involves the pay
ment of debt of $500 due Graham by
Gray, in whose favor judgment was re-
covered in the court of a justice of the
peace, which finding was affirmed by the
Supreme Court of the District of Co
lumbia.
In the case OF the District of Columbia
and the Chesapeake. and Potomac Tele-
phone Company against William II. Demp-
sey, Jr, the Judgment of the lower court
was affirmed. The circumstances of the
case as appeared in the trial in the court
below are that on September 25, 1886, be-
tween 3 O'Clock and o'clock p. m, the
plaintiff was riding bicycle westward in
X Street, and at its intersection with
Sixteenth Street he was caught by tele-
phone wire belonging to the Chesapeake
and Potomac Telephone Company which
was hanging across the street. and was
thrown 10 the ground. Dempsey sued the
defendants and received judgment for
1900 damages.
In the case OF William Nuning, on ap-
peal from the commissioner of patents.
who refused him a patent for an Improve
ment in metallic capsules. the decision
of the commissioner was sustained.
In the case of Francis B. Aglar against
Charles X. Pickles, which was an appeal
from the decision of the Commissioner of
Patents in an interference proceeding, the
ruling of the commissioner was sustained.
The action grew out Of the fact that both
parties to the suit filed application for a
certain mechanical contrivance Algar
filing his on May q, 1895 and Pickles his
July 2S. 1885.
"A similar opinion was rendered in the
case of Theodore L. Marvel, appellant.
against Edwin s. Decker, where an appeal
was taken from the decision of the Com
missioner of Patents in an interference
proceeding