The times. [volume] (Richmond, Va.) 1890-1903, 1899-02-03
SOUTHERN MUST
OPERATE ROAD.
The Company Cannot Abandon the
Branch Line.
RAILWAY AND ELECTRIC WINS.
decision IN It's Favor ia the Suit
Brought 10y Harris-New Trial 10
lie Had ia Wilson - Dawson
Casc-Othcr Proceedings.

g.. N.H N..I.HN".N 900
Eouthern Railway company against 'ne
t--.,.e..r. anna llfIsyltaula railroad COM
.,,r, d. cImr nu from tue CIRCUIT court
= t-ra-.l,Iln. .uu.. Ilr.y wrote iNt olln-
Con which was coucufte4 ln Joy 'r'e
Cardwcu. Buchanan anu HARRISON J""eo
keith oleseul.u. ,
Tho Virginia Midland company ieas-
gnr d term d.. iuut years I'D, H'' %.
road running from Franhlm Junction I'D
E1rkey MuuAt oi f"'.' l'' ,.o r
1,aso Mas ODD ruu from april io. l',V' DID
1>.t tho Southern railway acquired inc
-,ronorfv oil the Midland company ana I'D
a.. simmer of lS. plainly manifested us
Intention Go abandon ana cease '' operate
enc leased road. The Franklin company
hroueht It's suit in equity ashihs lN"e
tbe southern be euJoiuod from carrying
out IT'S purpose. The southern i'.'N
ehe charge oil the complainant
The most important question ior oecis-
Con was whether the defendant company
~ bourd 20 operate the leased line dur
fr., fte dime OF the lease on could tisnt-
ftIIv abandon and cease 10 operate IT,
Tho court holds that inc company t
hound 10 continue 90 operate tho hne ana
says iu conclusion
1--WE find nO error fro the decree appeal
od from except in dismlssln6 ult '"S'
from the docket. Tho court sn"uIu nave
veeervei the right 90 make additional
orders from time Goo time as chcum-
stances might require and kept the case
On the docket for that purpose. The dr-
cree viii be amended iu This respect ana
rs so amended will Doe ahrmed'
Mhitclaw Viii Case.
The case of Nhielaw's administrator
IS WhNelaws administration from t"7
Circuit Court of Orange. was am issue 10
determine whether or NOT ID writing ""len
had been admitted Go probate was ''e
last will and testament oil airs Mary
1vhitelsw. deceased. It was claimed thAt
sbe ALLEGED VIII was made at lne
when the te-ralrIN waa mentally lnconi'
cent TO make a. wlll and that o. was proc
cured by improper influence 10 i5 he'n
that the Circuit Court erred lh adinllliH-
certain evidence The Judgment was
therefore. reversed. the Neidle. OF '"o
srr,- SET aside and "a new trial AWARDED.
Judge Buchanan wrote tne oliii''"
suit Abouta Contract.
,.,.. c,rd0.eu wrote the opinion in
fho case Of IT, a. Wilson vs. ~ j. Da"-
..,, fror, the Hastings Court ol Roanoke.
wilson a. Co.. bad tho contract
o. erecting the United states pu'l'
h,Ndiug az Roanoke aud entered INTO "A
agreement with Airs. Dawson. lhI'"t"
nor agent. whereby She unoeI tooA ID OF
-r tbe foundation work OF Che puiidihs
The Worh WIS '..'t.t.,. 81 tba o.r-
progress 20 ''-- .--'3 sfter GIVING her no.
ffal con ~. 40, ,,,,on the urem-
tloe W i'4ol o. I'll, fte work theme
800 Mrs Dawson brought suit TOT
., 90 En- With interest A verdict was rem
s'@fV.SV W." W.. ~ wilson tor SloH42
oeIed a. 49, 1,,. verdict and iuds-
~l'nou ccor,nieincd Of Included items which
sre for profits tho piainun alleged S"e
.,l,,d have made upon the work hid
.tere been no breach of contract on ths
,art OF Wilson. The court hol"s ,'a-
the utmost that the pan. '. I..,i,,,- H..
abe items exclusive OF lH3se ,'"-,,' ,.r
damages for hreaeh ol 90" -,.,,,,,l,.t
dlct set aside and tho calse felh"""''
FOR a new trial
Strcct-Car Case.
.rt. Court reversed the Cnaucery Court
The court i,N '..so NJ rb. Richmond
oi llcil''''i'' go -. C..,onanv US. Har-
Iali"as anu
Us. .,,.sls reversed tho
The Court or AlI'e 49, ,, ,bo cas-.
ohancei! court '' - AVID rIortrl.
OF tho hlchmoI' i''''""'
Company rs. Ii"' ,,.u,..,,,. had u
Hotchhsa. flea 81 ''lNi-',' t...
contract Co bund ana equip p1-- .,.
Union Passenger Line ana Il"''' 49,
sub-contracl'I oN'.t -'."1 -'' ''.. .....l
claimed pay for extra Work an" 9r ,...'
the company. Tie got 10 Juo5'"-.'. -'i
favor in the lower court. Inc
court holds That tari's Hlu ooH
Hotchkss. lleid " COMPANY ioi
ment and tnat the company ~ "p.
sponsiblo iof l"e 'I"IN' u, ''
Harrison wrote The opinion.
Summary of the Cases.
rr4r. J.h, W. Ricly southorrsRail-
- Coruauv VS. Franklin and Ilttsyl-
,--i, RAILROAD Company. Circuit Court
OF Franklin county. Amended and at-
6rmed
10. ~ d. Cardwcu. Wilson us.
NO, uuelnes Court. city of Roam
ote reversed.
r-dq. John A. Buchanan. Whitelaw'
tie circuit court Of orange county Re
l r-r-...t, (--,,,.,.-,. ga War