Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-23
The Fellow Servant Act De-
clared Constitutional.
SOME IMPORTANT DECISIONS
Raleigh loses 70 Damage Suit-Benta
ing Way on Trains N M isdemcanor-
Medical Colleges I'm Strafts-Bonrd
Issues Declared InvnItd-KilIimg
Reported From Montgomery Conn
ty-Car Company Assisnr.

Raleigh. N. c., March 22.-In de-
cisons rendered yesterday. tho Su-
preme Court held that the Fellow Ser
want act is constitutional. and again in
another case that the failure of a rail-
way company to properly equip It's cars
with safety appliances is negligence
and makes It liable for damages result
ing from such negligence where an en-
ployc sustains injury.
The constitutionality of the Fellow
Servant act was decided in the case
of Hancock versus the Norfolk and
Western railroad. from Durham. The
decision Of the lower court is affirmed.
The court holds that the Fellow Ser
want act, published in Private Acts 1897
is, Notwithstanding, q public act, and
does not require to be pleaded. Wheth-
or an act is public or private depends
upon it's nature and not upon whether
1t is printed among the private or pttb-
lie laws.
The act Is constitutional both under
the fifteenth amendment to the United
States Constitution and Article l, Sec
ton OF the Constitution of North Car
DINA.
When unnecessary matter Is sent up
the case on appeal and the appellant
object to the same when the case on
appeal is settled. this court will tax the
appellee with the cost of that part of
the transcript and with the printing Of
the same. even though the appellee is
successful in this court.
In the case of TroXler versus the
Southern Railway Company, from Gull
ford. the court decides that the plain
tiff is entitled to damages for injuries
sustained by failure of the railroad to
provide safety coupling appliances.
The opinion OF the lower court is af
frmed
The decision OF the court Is that the
failure of n railroad company to equip
It's freight cars with automatic couplers
Is negligence per Sc and on the trial
of an action to recover damages to Il
brakeman resulting from such failure
the judge committed no error in refus-
ing 10 submit an issue as to whether
the injury was due to the negligence
of n fellow servant Greenleee case
122 n. c.. 977, to the effect that the
companys failure to properly equip it's
cars with automatic couplers rendered
1t liable for injuries sustained by II
brakeman in coupling cars with his
hand, Notwithstanding his negligence
in thus violating the company's rule
requiring employees to Use n stick in
coupling, is commented on and APP
proved.
The failure of railway company to
properly equip its cars with these safe
ty appliances is a continuing ncSli-
Scnce, and It's liability for damages re-
sulting therefrom cannot be avoided by
contributory negligence on the part Of
the employc sustaining the injury.
RALEIGH MULCTED IN DAMAGES
The Supreme Court yesterday affirm
cd the decision of the lower, court
awarding Miss Hattie NJ. Dillon dam
ages to the amount of $4,000 to be re-
covered from the city of Raleigh
The court held that Miss Dillon is
entitled to damages for the injuries
which she received in January. 1896
resulting from the obstruction on West
South street. under the track of the
Southern Railway
NEW ENGLAND SCRIBES.
The New England newspaper repre-
sentatvcs arrived here yesterday in n
private car The Chamber of Conn
mcrcc of Raleigh had wished to give
them banquet and otherwise enter
tain them. but the hospitality was de-
ci!ned on the ground of pressure OF
business Though they were given no
contract for advertisement by the city
authorities. they were undaunted in
their business zeal and canvassed the
city thoroughly from private stores to
State institutions. They were unsuc-
cessful here in a business way
MUST NOT BEAT TRAINS.
The railroad authorities in this state
speak in great commentator of the act
passed by the last General Assembly
which provides that beating of way on
trains shall be punished as a INSIDE
meanor' and any person beating his
way may be arrested and tried not only