Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-01-27

reached, all are to be solved I'm favor Of
the Judgment. II there IL evidence enough
TO support IT, applying TO It's consideration
me rule governing a demurrer to evil
dence."
The Judgment Of the Circuit Court Il
affirmed, and the cost % keeping UP
gates and paying the gatekeeper at the
Hancock-street crossing must be borne
by the two companies.
SEWER CASE DECIDED.
Judge Buchanan prepared the opinion
In the case Of Cohen u co. We. Bellenot.
trustee, &c. In which the Judgment OF
the Law and Equity Court Of Richmond
Is reversed There were two trials OF
this case IN the lower court. both result
ing In verdicts IN favor OF the plaintiff
(BellenoO. The verdict on the first trial
was set aside on the ground that 1t was
not sustained by the evidence. the dam
ages being excessive. In The second
trial judgment was rendered for the plaiu-
tin on the verdict. and from that Judg-
ment the appeal was taken. The suit
was for damages claimed 20 have resulted
10 the property and to the health Of the
family OF BellenOt from a sewer that
passed through the property o. Cohen *
CO.. which was ALLEGED TO be nuisance.
tribunal I'm setting aside the verdict i'm
the first trial. but revcrses u on the
ground that its instructions in the second
trial We're defective. The Instruction
upon which the decision was chiefly based
was that II the jury believed that the
nuisance complained Of was a continuous
one until this suit was brought. the sra,
tufa ~ Limitation does not apply, hilu
they may find damages for the time s .I1
nuisance continued. as claimed I'D Wy
declaration" This instruction, the court
s1vs. was clearly erroneous. The Ques-
lion whether the verdict Of the jury WaS
contrary TO the evidence IS not passed
upon. ....,
SUMMARY OF CASES.
Following Is a summary OF all the cases
passed upon yesterday
Iudg4 lanes Keith, F.:
5,s+ai Tslegraph-Cable Company vs..
Farmville and Powhatan Railroad CoH-
pany. County Court Of Chesterheld CUM
'otcbmond Union Passenger Railway
COMPANY vs.. Richmond, Fredericksburg
and Potomac Railroad Company circuit
rogrf city of Richmond. Affirmed.
Judge r. IT, CardweN:
n Keilar end a. r. hickman vs..
James a. stone. registrar; Fe'i'I'" l''
m1udamue. peti Jon refused
James a. walker SIS. James A. stone
clerk and registrar. Petition FOR manda-
mus Petition awarded.
judge John :. Bucn1ron;
Cohen x Co. VS.. Bellenot, trustee, &c.
law and Equity Court city of Richmond.
Reversed.
judge George ~ Harrison:
Harris VS.. Jones. &c. COMMISSIONERS.
Circuit Court o. Hlppahannock county.
CITY of Roanoke ys shull Circuit Court
city of Roanoke. Writ of error and SUI
persedeas. Bond. 81 500.
southern Bell Telephone and Telegraph
Company US. Clemens Law and Equity
Court city Of Richmond. Writ of error
and supcrsedcas. Bond. $1,000
StrattOn VS. Wars. Circuit Court OF
Russell county Appeal and supersedeas.
Bond 500
Edmunds. &c, trustees VS.. Hobbe Pr
anO Company. Circuit Court of Roanoke
county. Writ Of error and supersedeas
Bond. 500
stone. clerk. VS.. Wallace Corporation
Court OF Bristol. Writ of error ana SUI
persedeas. Bond. $3.50
Painter ana ais. VS.. st. Clair and ais.
Circuit Court Of Pulaski. Appeal award
Cd. Bond 500.
Bailey VS.. Counts. Circuit Court Of
Washington county. Writ of error re-
fused
Wiltshire vs. Wolff & Russing. Chan
Gerry Court city OF Richmond. Appeal re-
fused.
Wray VIZ. Reese and ais. Circuit Court
Of Brunswick county. Appeal refused
Roanoke Street Railway VS. Hicks
trustee. Petition to rehear. Petition re-
fused.
Atlantic and Danville Railway Com
pany VS. Delaware Construction Com
pany 81 ais Law and Chanoery Court
city Of Norfolk. Appeal and supersedeas.
Bond $1,000