davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10
HIGHLAND A. e. b. r. co. v
MILLER.
Supreme Court of Alabama
December ., 1898.

Supreme Court of Alabama
December g 1898.
a RAILROAD COMPANY IS LIABLE
TO a BRAKEMAN FOR INJURIES
CAUSED lJY a VIOLENT JERK OR
SHOCK OF THE TRAIN CAUSED
BY DEFECTS IN APPLIANCES
FOR CONTROLLING ITS MOTION.
WHICH THE COMPANY WE'RE
NEGLIGENT IN NOT DISCOVER
ING OR HAVING REMEDIED.
a BRAKEMAN DOES NOT ASSUME
THE RISKS OF SUDDEN UNNEC-
ESSARY MOVEMENTS OF A TRAIN.
CAUSED BY THE NEGLIGENCE
OF THD ENGINEER, OR BY DE-
FEG-rS- IN-APPLIANCES. WHICH
THE COMPANY SHOULD HAVE HAY r
DISCOVERED AND REMEDIED.
This was suit for damages brought
by Miller against the railroad COM
pany for injuries suffered by being
thrown from a car by a sudden jerk
or shock of the train. and being run
over by the train. Miller was a brake
man in the employ of the company and
was standing on the brake dog on the
end of the car next to the engine. He
sgnaled the engineer to back. but in
stead of doing so he suddenly went for
ward and then backed. Miller was
thrown to the ground by the jerk as
the train went forward and run over
as 1t backed. The brake of the engine
was broken off at the time. There was
a verdict for plaintiff and the COM
pany appealed. The court says:
The first court does not. as commended
by counsel. aver alternatively two
causes Of action. but charges the negli-
gence of the defendant. and the pri-
mary cause of the injury to have been
the defect in the condition of the
means and appliances for controlling
the motion of said engine, by reason
or which q sudden and violent jerk or
shock was impaired to the car on
which plaintiff was standing. which
Jerk or shock caused him to fall from
the car. Proof of such alleged defect
was absolutely essential to recovery
under this count, and In the absence
or such proof there could be no re-
covery. however sudden end violent
was the shock, or however negligently
II was caused, since no other act Of
negligence is alleged. On the other
hand. there could be no recovery, how
ever defective these means and appli-
ances may have been, If no jerk or
shock was impaired to the car by rea-
,,;.,. "SAccNs. souuuSll anu even
violent Jerks and shocks may be neces-
sarily incident to the starting and
movement of railroad cars operated by
steam. however careful may be those
In charge OF the engine; and OF all
such sudden movements not caused by
negligence. the employee assumes the
FISK. But the employee does not assume
any risk of sudden unnecessary move
ments. even though they be of no more
man ordinary violence. which are
neer in the handling OF the train. ar hv
reason Of defects in the engine. or in
the means and appliances for controll-
Ing Its motion, arising from. or not dis.
covered and rcmedied owing to. the
negligence of the employer, or of the
person In his employment entrusted
WIN the DUTY OF discovering and rem
eoylnS them; and II. while using due
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10
DIVINE SERVICES SUNDAY.
METHODIST EPISCOPAL


Epworth, corner of Freemason and
Boush streets. Rev. w. J. Young, d. D.,
notwithstanding by Bishop Alpheus
w. Wilson, ID. D.. LII. D.. at II a. m.
and p. nj. Sunday school at 9:l5 a. m.
Centenary. corner of Boush and
Queen streets-PreachinE by the pastor.
Rev. w. II. Edwards. at IL a. m. and
d. m. Sunday school ut 9:15 a. m.
Trinity, corner AIaltby and Corprew
avenues. Brambleton-"Chil Day
exercises at 10 a. III. Preaching by the
pastor, Rev. Lloyd L. Williams, at S
p. III.
Huntersville. johnson avenue =
Preaching by the pastor Rev Daniel
T. Merritt. at IL a. m. and Sis u. IN.
Morning subject, "A Friends Urgent
Request at Midnight" evening, For
tune and Fame in Tribes" Sunday
school ut $3.50 n. m
streets-Prcaching by the pastor. Rev
n. Il. Johnson. d. D.. ut IL a. M. and
y. M. Morning subject. The Only
Acceptable Sacrifice" T. M. Made
III His Image"
Lekies Memorial. corner OF Camr
avenue and Fort street. Atlantic CITY
preachinG by the pastor. Rev. w. r
Wiiliams. at II Il. III. and S T. M. sun
DAY school ut 9:15 n. III.
Nci\endree. corner OF Clay and Cla;
norne avenues. Brambleton-Pr PREACHING
ny the pastor. Rev. r. II. Bennett. a,
IL n. m. and X. m.
Queen, corner Pulaski and Queen
streets-Preaching by the pastor. Roy
Samuel {. Hatcher. at II n. IN. and
y. nj.
Lambert's Point. near Lawrence ave.
nue.. Key. George II. Spooner, pastor
services ut IL Il. m. and - IN.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10
. a q T0 RITA
Bears the The Kind You Haze Aaals Bought
Ns' "a &xHzAz1x
FATAL SUN STROKE.
Eric EETCFsrEIN Drt-SBEFORE
THE AMBULANCE REACHES.
HIM

The first sunstroke of the season oc-
Cured yesterday at Money Point. Eric
Erlchstein, a Finn. was at work at
Money Point loading lumber. when he
was sunstruck and fell fainting to the
dock. An ambulance was sent for, but
he died before it reached him. Capt.
Wilbert. In command of the schooner
Rhoda Holmes dashed water on the
mans face. but all efforts were un-
availing. The body was brought to
Norfolk and placed in the Morgue. Cor
oner Newton decided that no inquest
was necessary.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10
WALKED OFF THE DOCK.
"A COLORED MAN DROWNED LASH
NIGHT AT OLD DOMINION
WHARF.

Last night. about 10 o'clock. Joe Vim
cent. middle-aged colored man. said
TO have been under the influence of Ii
quor. walked off the Old Dominion
wharf and was drowned.
Coroner Newton was notified and or
dered the remains taken from the river
and placed In the city morgue. An n
quest will probably be held this morn
ing.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10
LADIES CAN WEAR SHOES

Ease. powder to be shaken INTO -.
shoes. 1T makes tight or new shoes feel
easy; gives instant relief to corns ana
bunions. It's the greatest comfort dis
covery OF the oge. Cures and prevenis
swollen feet. blisters. callous and sore
spots. Aliens Foot-Ease is n certain cure
lot sweating. hot. aching nervous feet
Al all druggists and shoe stores. CSC. Trial
package free Address. Allen S. Olm.ted
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10
THE V|aG|.IAtP|LOT'S
RCAE 5 JDY C|}CL
CONTINUED from Fourth Page.)

and 1t Is probable that no instance
could be found of this certainty having
ever betrayed him or proved deceptive.
Few are the signs even of changed in
tention In the work Of this or the next
ensuing period, and this finishing of q
part while the whole white sheet
around 1t remains with only the pencil
outline was probably intended as q
scheIne for n finished drawing-ideas
ior nnished drawings which were clear
IN MS mind at the moment and which
mus. not be allowed to escape there
from. Turner must have felt sure of
ms ability to pick up that thread Of
thought at any future time and to
hnisn In 1903 or 1904 that color design
which he had begun in 1902.
Note-this paper will be concluded
saturday, June II.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10
A ro'or.a Wan u,s.,nr.

A colored man, named Daniel Cain,
in the service Of the Norfolk and South
ern railroad. went out in the river fish
ing Thursday afternoon and nothing
has been seen or heard of him since.
The matter has been reported at the
staticn-h house.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10
CHURCH OF Cup1sr

freemason, between Bank and Brow
~ po,' s'r W ching by the pastor.
NeV. w. Il. Smith. ut II a. m. and 8
p' IN. Christian Endeavor ,t 40 90 o
M Sunday school at Gas a. m. W a.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10
1IHHER Az

FIRST church, Charlotte. between
Eranoy and Brewer streets-Prcochinr
oS the pastor. Rev. ]. T.. Shcnk. at II
q, a. H. ana p. m. Sunday school at
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10

supreme Court OF North CdTOlilid~
March 81, 1892
WHERE A MORTGAGE AUTHOR
IzED FORECLOSURE ON DE-
FAULT OF SEMI-ANNUAL INTER
EST. A FORECLOSURE SUIT
BROUGHT AFTER DEFAULT IN
PAYMENT OF THE FIRST INTER
EST AND BEFORE MATURITY OF
THE NOTE is PROPER.
a JUDGMENT IN SUCH SUIT FAIL
ING TO STATE THE SUM DUE
SHOULD BE REFORMED BEFORE
FORECLOSURE is DIRECTED.
This was an action to foreclose n
mortgage. The facts appear from the
opinion of the court,
The court says:
The note sued on was dated 10th Oc-
tober, 1897, and payable three years af-
ter date, but the interest was made
due and payable semiannually." The
mortgage to secure the note specified.
IF default shall be made in payment
of said bond, or the interest on the
same. or any part of either, at matu-
rity," the creditor could proceed to sell
the land. and out of proceeds of sale
pay said bond and interest on the
same. The defendant failed to pay
the interest which fell due 10Th April,
1898. BY the conditions OF the mort
gage the principal and interest became
due. The demurrer of the defendant,
that this action for judgment on the
note and foreclosure OF the mortgage
was premature, was properly overruled.
Nor is demand or refusal necessary
before beginning an action of this ma
ture.
The judgment is loosely and inarti-
iicially drawn. There is no sum adj
Judged to be due by the defendant to
the plaintiff. which should be done be-
fore foreclosure is directed 1t may
De inferred upon the maxim, I'D
certum est quod certum reddi potest."
The judgment should be reformed by
the court below to accord with the cs-
taplished form In such cases. This loose
practice cannot be encouraged, and
the costs of this court will be divided
between the parties. With this modi-
fcation. the judgment below is affirmed.
Modified and affirmed.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10

CIIftIST'S SCIENTIST.
rrst church. Library building-Ser.
us III IL n IN. and y. m. Wed
hesuay night service at o'clock.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10
CIInJSTIAN

-, memorial Temple. corner Cooke md
; J. install avenues Brambleton-Prcach
s oS me pastor. Rev. DR.. j. p. Bar
rett' III IL a. M. and y. m.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10
EXAMINATION. AND CERT1F;

At the end OF I term or seventee
weeks series questions on enc h
course. prepared Professor Scymo,n
Eaton. will be published in the Wiz
ginianPilot. ard hanks containing the
questions will be furnished every sub
scriber making application for same
Two weeks will be allowed after. the
courses close, for the receipt of exami
nation papers containing anewers
These PAPERS Will be referred to
Board OF Examiners. who will assis ,
Professor Eaton. and as soon as tn.
work OF examination is complete, the
result vii. be reported. and certificates
issued the e.udcn;s entitled 10 them
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10
CUNT DECISIONS.
es Of Cases Recently Decided
Which are Of Interest to
Our People.
DIGESTED BY W. B. MARTIN,
Exclusively for Virglnian-Pllot.)
GORE v. DAVIS.

Supreme Court OF North Carolina
March 81, 1899.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-10

Note-ths paper will be concluded
Saturday. June II.
Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1899-01-25
STRANGE CRIMINAL CASE.
Turtle Lake Physician Welded While
Released from Jail.

Barron, Wis, Jan. 23.-[ Special DIR.
r. W. Brown, dying from cancer of the
stomach. gave bail Wednesday and was
released from the county jail where he
has been confined since October On a
charge Of adultery. DIR. Brown was Il
physician at Turtle Lake, and last Feb
ruary was arrested. charged with Grim
inally assaulting Gertie Trip. a young
woman who was taking treatment of
him. He was released on bail, but
jumped his bond and disappeared. In the
meantime Mrs. Brown secured divorce
In October he was unprecedented and
brought back for trial.
In the preliminary hearing Gertie Trip
iesrshed against Brown. Shortly after
wards she disanpt AIRED. but later wrote
letters 70 her father, District Attorney
Fuller and Circuit Judge Ninje, saying
that, under duress, she had given false
testimony. She was brought back. and
On the morning Of her arrival was mar
ried to DR.. Brown, who had been allowed
70 leave the jail to arrange some business
matters. When Sheriff Dietz and Attor-
ney Fuller learned of the wedding Brown
was placed in a separate cell and all
communication between him and his at
tclney cut off. A cancer developed, and
the physicians announced that the end
near.
Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1899-01-25
STILL A MYSTERY.
La Crosse Police Can Get No Clue
to G. O. Sprague, Miss
ing Business Man

La Crosse, Wis, Jan. 21-[SpeciaI J.
Nothing yet has been heard Of Charles 0.
Sprague, the missing head book-keeper of
the John Gund Brewing company, who
Tuesday walked out of the Office at 10
clock in the morning without taking an
oyercoat, though the weather was bitter
cold. The police are unable to get the
slightest trace Of him. Sprague's wife III
Milwaukee was unable to get any word
of him or the slightest clue as TO her
husbands whereabouts, neither has any
motive developed for Sprague's mysteri-
Gus and entirely uncalled-fOr conduct.
He had OverdraWn his account at Gund 5
about $500, but this was not in a lump
sum at one time, but an accumulation OF
small overdrafts, extending over a long
period. The company was not crOwding
Sprague for this money nor had he been
threatened with discharge. He was to
make 1t up out Of his salary in monthly
lnstaIlments and continue right on in his
work. 1t is supposed that Sprague had
very little money when he left. He Dor
roWed a dollar in a saloon Saturday and
So from Il friend. Tuesday he disap-
Deared.
Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1899-01-25
TELLS SMOOTH STORY.
Alleged Murderer of Officer Prins'-
low at Fond du Lac Attempts
to Prove Abb.

Fond du Lac Wis. Jan. 23.--[ Special. ]
The case Of James Lee, alias james
LOnergan. charged with the murder of
Officer William Prinslow on the night OF
November Is, was called in Justice Jes-
lle's court this morning The room was
crowded and many were unable to gain
admission. Earl 2. Finch, who is de-
Tending the defendants. Kingston and
Dixon, appeared for Lonergan. District
Attorney Reilly with g. Z. Williams of
Oshkosh represented the state. The de-
PENDANTS attorney moved that ell of the
states Witnesses be excluded from the
courtroom during the progress of the case
except as called to the stand.
DR.. L. 4. Mayham, who was called to
attend the wounded officer the night he
was shot, testified as to the nature Of the
wounds.
William NIarcoe, a saloonkeeper, was
called to the stand and testified that the
prisoner was in his place Of business at
900 o'clock on the evening OF the muir
der. On cross-eXamination it was
brought out that LOnergan was in an IL
tOXicated condition.
Louis Berrill Of GAINESVILLE, a brake
man on the Northwestern, identified
LOnergan as the man who stole q ride
on his train out of Fond du Lac Oh the
night of November Is. The train Left
mere, ne Sa1d, at CLOCK, thirty minutes
after the murder. When he first dis
covered the defendant he was lying on
top of Il frei ght car on mis- left side. This
was almost mile outside Of Fond dU
Lac. On cr0ss-cXamination he stated
that the prisoner was under the influence
Of liquor. Later he said that Lonergan
rose and talked with him about some
GAINESVILLE people and further remarked
that Jack Hess had outWitted the police
and the GAINESVILLE officers would not soon
get him in their clutches. Mr.. Berrill
also testified that the defendant was cat
ing an onion. Two or three miles out
of Fond du Lac" he said, Il saw two
men and LOnergan called to them. They
asked who was there and he replied.
'LonZO. | cannot say whether the men
got Oh the train or not. The last | saw
the prisoner was about two or three miles
south OF Fond du Lac"
George Dick. q clerk in a grocery store
at the Five Points, was next called. He
was asked # he mad seen Lonergan on
November Is and replied in the negative.
He was asked If he had not made state
ment to the effect that he had seen Lon
organ on that day and he had 'bUnned"
him for an onion.
An objection was made by the defense,
and the court took the matter under adj
visement and adjourned until 1: 80.
Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1899-01-25

call showed all present except Mr..
HOehle, Mr.. Willy, Mr.. HolcOmb, who is
sick, and Senator Bissell, who had been
called away.
A telegram was read from Mr. Bissen
stating that he could not be present to
vote, but that he wanted the members to
know that if present he would vote for
Mr.. Babcock.
The roll call began at lilo and the on
ly member not marked absent who
failed to respond to his name was Mi.
Hoehle. The absentees reduced the vote,
but the ballot showed no change in the
relative standing of the candidates.
The vote stood: Quarles, II; Stephen
son, %; Cook, IS; Babcock, 1G; Webb,
10.
The secretary Immediately proceeded to
call the roll for the second ballot of the
mOrning-the twenty-tilst of the caucus
and those who were expecting q change
listened closely to catch it when it came.
The call proceeded mOnOtOnOuSly and fin
ally reached the point where the expect
ed break was TO be located, but it did not
come and the clerk announced the sarlc
result.
Then the third and last ballot OF the
day was reached upon which the break
had to come, if at this meeting 1t did
not come and those who had thought
they had understood the programme
learned that they had not.
AS soon as the vote had been announced
Mr.. Williams moved that the caucus aG-
journ until 9 o'clock Monday and the
motion prevailed without opposition.
Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1899-01-25
ARE COMING HOME SOON
Authentic Report Of Muster-0u
Of Volunteer Regiments,
ORDER In FEW DAYS.
Confirmed by Private kilograms FROM
Washington-Wiu Take Place
IN Admission, Ala.

Camp Shipp, Admission, Ala, Jan. %
Special Army news of very pleas
ant character was received here Satur-
day to the effect that all the volunteer
regiments in Camp Ship will be mus
tered out in the near future. The news
was first brought to Admission by an Of
ficer, just arrived from Washington, who
had learned it from an official source.
The officers story was later confirmed
by private kilograms from Washington,
ana, while the announcement cannot be
slated as official until the order for the
mustering-out is issued, it is authentic
and is unquestioned by the officers. The
Inustering-out will occur in this city and
the order directing that all the regiments
be mustered out will be issued in a few
days
Rain is falling very heavily today.
Washington, d. c.. Jan. 23.-[Spe-
cial. Representative Often called at
the war department today to expedite Il
settlement Of the accounts of several Off
GERS Of the Fourth Wisconsin. Before
the officers are paid, it IS necessary to
secure certificates from the different bu-
reau representatives to the effect that
they are not indebted to the government
The officers concerned have clearance pa
pcrs from six bureaus, but their accounts
are held up in COmniSSary Eagan Of
flee. Mr.. Often asked that consideration
of th= accounts be expedited and the Of
flcers IF the Fourth regiment will prob
ably be paid in short time.
Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1899-01-25
NEW SPECIES OF FUN.
Entire College Fraternity Mar
rOwly Escapes Arrest.
ROOMS ARE SEARCHED,
Students Save Themselves from Hin
initiation of Arrest by Settling
with Complainant.

Madison, Wis, Jan. 21.-[Special. /
An entire college fraternity had a mar
row escape from getting into court yes
terday through a favorite students
prank. This species of college fun con-
sisted of stealing signs which are tackled
up as ornaments in their rooms A paint
| er named Isaac Francomb, having
shop on State street, had his signs stolen
three times in succession, and finally set
out to learn what became of them. He
located one in the Chi Psi fraternity
house, and secured a search warrant
Ofhcer Boyd went through the house
Friday, armed with the warrant, and
found not only Francomb's sign, but
those of half dozen other business men.
On lnqulrlng for the occupant of the
! room in which he found it, he was told
| that the student who stole the sign is
no longer in the university, but is in
Chicago. He notified about twenty
students III the house to be i'll court III
the afternoon to explain matters. Be
fore the hour for their appearance ar
rived they succeeded in settling the case
to trancomb's satisfaction and he with
drew the complaint, the costs being paid
by the students, and they escaped the
nnmlllatlon Of having to appear IN court.
Ih1S was not as expensive as q similar
case which occurred last summer. y
repertoire company playing Il weeks Ell
gaSement at the Fuller Opera house had
handsome case filled with photographs
or members of the company standing in
front of the house. A student who want
ed the combination for a room decoration
spent the dusky end Of three or four aft
erno0nS walking up and down in front
OF the opera house, watching for an
opportunity to get away with it. He
finally succeeded and carried the whole
outfit TO his room. He was located,
however, and received a visit from the
manager of the show. He had cut the
pictures on OF the case and had them
tackled upon the walls OF his room, and
as this spoiled them for the use for which
they were intended. he had to put up
the cash; it cost him about $40.
The i've students arrested for their
part III the disturbance on the street
after the opera house riot last week came
UP for trial in the municipal court this
morning ON the charge Of disorderly CON
duct, but by an agreement of the attor-
neys on both sides the case went over I'M
til Thursday of next week. w H
ChynOweth, who is an eX-regent Of the
university, will defend them The case
Of James @. Mcfarland, charged with
resisting an officer who attempted to ar
rest him during the disturbance inside
the opera house, comes up next Monday
afternoon. His attorney is Z. Ray Ste
vens, and his trial will probably be before
a jury. The students have raised de-
Tense fund which is said to amount to
over $500 to help their companions out Of
their trOublo
Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1899-01-25
FIRE THREATENS CITY.
Three Buildings at Grand Rapids
Destroy ed-As siStance from
CentraIia Called In.

Grand Rapids. Wis, Jan. 23.-ESpe-
cial. About O'Clock this morning fire
was discovered in the frame building oc-
eupied by W. Kinne who conducted a
bakery ana confectionery store. The
heavy fail Of snow last night delayed the
firemen and in a short time the flames
spread to an adjoining building occupied
by y. Reiiand as Il meat market. From
there the flames spread to the next build
ing, owned by \. Weiland of Appleton
and occupied by Rath & Rawson as Il
saloon. The fremen with two streams
Of water were unable to get control and
The fire department of Centraia had to be
called on. Without their aid one-half Of
the business portion of this city would
have soon been in ruins. Mr.. Kinne was
slightly burned about the hands and face
The total loss cannot be estimated yet
Insurance on Weiland's two buildings Is
$1,000 and on Kinne's stock about $500