Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-07
SUPREME COURT
DECISIONS
Opinions Handed Down in Five
Cases.
WILL ADJOURN TO-DAY
The Southern Railway wins-Coprts
orThis State Cannot Exercise yis-
itattonoE Powers Over tho Corpor-
ntions OF Another Stnto-An Inn
prOvidcnt Appeal Summary or
Cases Decided To-day.
WILL ADJOURN TO-DAY
Especial to vIrgin.an-Pilot.)

Richmond. Va. April 6.-The Supreme
Court handed down opinions in five
cases to-day. The court will adjourn
tomorrow. after having called the en-
tire docket and tried all the cases ready.
THE SOUTHERN WINS.
The court reverses the Corporation
Court OF the City Of Danville in the
case OF the Southern Railway Company
VS.. Bruce's administrator. l.. r. Bruce
was a young man who had come to
North Danville to get work. He board
ed at house in full view of the rail-
road. On the morning of July %, 1897,
about $3.50 o'clock, Bruce left his board
inE-hoxse and went on to the track of
the Southern railway, at or near a high
trestle. just north Of the Riverside Cot
ton Mills. Crossing the deep ravine
there. either over or under the track,
he continued southwark and was just
below the main entrance to the cotton
mills when he was struck by the south
bound Washington and Southern Lin
tied Express of the defendant company
and killed. Suit for damages was in
stituted by Bruces administrator and
the jury returned a verdict for So, $50, to
which judgment the railway company
was awarded a writ Of error to the
Supreme Court
Judge Cardwell, who wrote the opin-
ion of the Supreme Court, discusses the
facts and the law involved very fully.
AT the trial in the lower court the jury
was instructed that a railroad company
operating its trains through n city
where its track and right of way are
constantly used as Il foot way by num-
nf n
at all times use greater care to prevent
accidents than when running it's trains
In less frequented and populous locali-
ties. and that in certain localities in
the town. as, for instance, where sharp
curves obstruct the view, it is required
OF the railway company tc exercise
especial care to avoid accidents: that
any neglect of such special precautions
constitutes such negligence as will
make the company liable for damage
resulting from an accident unless the
pla1ntim could have escaped injury by
the exercise of ordinary care, and THAI
the burden Of proof is on the company
TO prove absence of such ordinary care.
me jury was further instructed that
II 1T believed that the sharp curves and
entertainments at. and near the point
where the Intestate was killed, prevent
ed the engineer from seeing objects
upon the track In front of his train at
as great a distance as he otherwise
would have done; that large numbers
or people passed over the defendants
tracks at and near where the plaintiff
was Killed between 6 and O'clock In
The mornings, that the company had
notice or such use OF it's track. and ac-
| guessed therein, then 1t was its duty to
exercise such care at this point as to
protect such foot passengers from in
| jury. The jury was instructed that If
n
care, In consequence Of which the intes-
tate was killed, then 1t must find hls
administrator unless they find his intes-
tate guilty OF such contributory neg
ligence as to justify 1t being regarded
as the proximate cause OF his death.
| Is on the company.
| exceptions were taken to the forego-
ing instructions. Judge Cardwell dis
| cusseS the law very ably, and ey-
hnustively, He holds that the case of
Blankenship " c. e. O., o. Va. 400 is
not applicable to the one under con-
sideration. In the former case tho in
jury was to an infant OF tender vnors
IN Kimball & Fink, v. Friends admr.
80 Va, tho deceased met his death in
colllslon at n crossing, having nm
equal right with the railway company
on the track, such right being restrict
ed by the duty to exercise due care
hc op'hion lays down several i'm
portant principles in the doctrine Of
| contributory negligence. and then goes
into n discussion of the evidence. 1t
| was testified to by a Mrs Irby that
she met Bruce on the track and came
| almost within hearsbreadth OF he
Ing run over at the time he was. The
train was behind time. The speed was
is or 20 miles an hour. Frequent blasts
| OF the whistle seem 10 have been sound
ed to warn foot messengers of ,bo
trains approach. Whether the cnpi-
neer was keeping n sharp lookout seems
not clearly established. He swore ne
saw deceased rs soon as the train
rounded the curve. but could not stop.
Experiments made with n train at the