Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-10


the State Hospital to be sued for inju-
ries received by an employee. has cx-
cited most interest. Maia. an Italian.
VINO resided in this city, was killed
while digging in the side of an embanll-
ment at the hospital at WILLIAMSBURG.
where he was employed. His admins
traitor sued the directors of the his
pital for damages. Suit was brought in
the Circuit Court OF Richmond, and
was decided against the plaintiff, who
took an appeal. The directors of the
hospital demurred to the declaration
and each count thereto, admitting all
the facts OF the case as cited by the
plaintiff, but holding that they could
not render the hospital liable. 1t was
cortended that the hospital is n public
corporation, aud an agency of the Com
monWealth in the administration of
governmental functions, that inasmuch
as the State would not be liable in dam
ages for the death of the plaintiff. the
defendant, an arm OF the State, is not
liable.
The court decides otherwise. The
opinion, which WAS written by Judge
Harrison says. that waving whatever
View the court might have taken OF the
question as an original proposition, ii
is now settled in Virginia law, and
cannot be reopencd. For more than
fifty years the statute law of Virginia
has declared the Eastern Hospital to be
Il corporation. Code of Virginia. See.
1861 AS such it can sue and be sued.
Cases cited in support OF the view
taken by the court are: The Eastern
Lunatic Asylum vs. Garrett. - Graft.
1863; McClanahan vs.. Western Lunatic
Asylum. SIS Va, 466. and Mangus VS..
AIcClelland. % Va, TS6.
The Judgment of the lower court is
set aside, the demurrer overruled and
the cause remanded for further pro-
ceedings.
DIRECT AND INDIRECT CAUSE.
Judge James Keith, p, wrote the
opinion affirming the decision Of tho
Law and Equity Court in the case of
Fowlkes V. The Southern hallway
Company.
On July o. 1896, Mrs. FowIi<es, of
this city, bought OF the Southern Rail
way here a ticket for Skinquarter, 4
station on the Farmville and Powha-
tan railroad which crosses the South
ern at Moseley Junction, % miles south
of Richmond. The agent told her the
train would connect at Moseley with
the FarmVille and powha;an train. She
found at Moselcy that no such con-
nection would be made that day. She
was in Il delicate state of health; there
WAS 10 Southern station at Moscley;
she failed To see small one just erect
ed by the Farmvillc and PoWhatan and
walked 500 or 400 yards to Il store.
After waiting Tn the store four hours
she succeeded in getting Il wagon to
take her To her destination. 1t was
raining hard; the road was very rough;
the plaintiff was very i'll when she
reached her mothers. She came near
dying the following month, and has
been in greatly impaired health ever
since, all resulting. she claimed, from
the failure OF the Farmville and Pow
hatan train To connect with the South
ern at Moseley as the agent of the
latter In Richmond had told her IL
would do when she purchased her
ticket.
At the trial the court excluded from
the jury all evidence which tended to
show that the plaintiff suffered from
the wetting. the cold. the iolting, the
anxiety of mind. the subsequent sick
ness, etc. The jury found for the plain
tiff in the sum OF $3.50.
The opinion of the Supreme Court
holds that while the agent of the
Southern here was negligent in telling
plaintiff the trains would connect at
Moseley when they would not. but
that this was q too remote cause OF
damage To Justify n jury TO aesess dam
ages for what occurred after the plain
tiff landed at the junction. or the re-
suits of her exposure. The Judgment
of the Law and Equity Court is at
frmed.
EXAMINATION AND RETRAXIT.
The subject of the examination of
witnesses and the question as to
whether n former suit has q complete
adjudication, We're involved in the case
of Tate V. the Bank of the State OF
New York. from the Corpora ton Court
of the city of Lynchburg. September
H. 1896. Il. T.. Hughes made his two
notes TO the order of j. Emory Hughes,
one for 81 400 and the other for $145O.
payable in four months at the Traders
Bank of Lynchburg. Both notes were
endorsed by j. +. Emory Hughes and
j. d. Tate for0the accommodation of
the maker. and were discounted at the
Traders Bank. Before maturity the
notes We're endorsed by this bank and
turned over to the Third National
Bank oc New York as security. with
other notes, for a loan from the bank
last named. In December. 1896. the
Traders Bank gave 70 the Bank of the
State OF New York an order upon the
Third National Bank OF New York for
the collateral. to be delivered after the
debt of the Traders TO the Third Ma
tional had been paid. Both notes. ag-
gregating $3.50. having been protested.
and there being a balance or 5000 due
on the note of the Traders to the
| Third National. the latter sued the
maker and 'endorscrs of the notes held
as collateral instead Of suing upon the
note OF the Traders Bank. which they
secured. The latter having paid $2,l5j
d.