davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-28

plaintiff to cross the tracks in their OBJ
structed condition. 1T Is not negli-
gence per Sc for one who knows the
dangerous condition of a highway to
persist in travelling over 1t. He may
lawfully proceed to do so IL the act,
under the circumstances of the parti-
cular case. does not evince n want of
ordinary care on his part" The counts,
other than the seventh, show that de-
PENDANT had n double track, and that
en- one side It's cars extended from one
direction into the crossing. and on the
other side its cars extended into the
crossing from an opposite direction and
mat there was sufficient SPACE over
winch plaintiff could pass by driving in
front OF the cars on one side, and then,
by making n short turn, nc could pass
IN front of the cars on the other track.
Putting this construction on these
counts the action showed Il good cause
OF action. but subject to the defense of
contributory negligence. The seventh
count charges no more than simple
negligence. Again. the ordinance set
out in this count declares that mo per-
son shall obstruct any street in any
manner calculated tn delay any COM
pany i'll carrying t! n apparatus to or
from any fire" The plaintiff bases his
right of action in the seventh count
upon this ordinance, but nowhere al
icEes that any company was obstructed
III carrying It's apparatus To or from
nrc: nor does il show that the damage
resulted from the cause that any such
company was thereby obstructed Re
VcrScd.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-28
COURT DECISIONS.
Notes of Cases Recently Decided,
Which are of Interest to
Our People.
DIGESTED BY W. B. MARTIN,
Exclusively for Virgin:an- Pilot,)
GOLDSMITH & co. v. LATE.
Supreme Court of Appeals of Virginia
February 2, 1899.

Supreme Court of Appeals of Virginia,
February 2. 1899.
IN AN ACTION BY EMPLOYE
AGAINST HIS EMPLOYER TO RE-
COVER COMPENSATION FOR
SERVICES, IT IS ERROR TO EN-
CLUDE FROM THE JURY CON
SIDERATION OF THE QUESTION
WHETHER THE IIMPLOYE WAS
DISCHARGED, OR VOLUNTARILY
ABANDONED SERVICE WITHOUT
CAUSE.
ACTS OF ACQUIESCENCE IN \
STATEMENT or ACCOUNT FUR
NISHED PLAINTIFF RAISE ~
STRONG PRESUMPTION or AN
AGREEMENT THAT IT Is COR
RECT. WHICH MUST BE REBUFF
TED OR IS CONCLUSIVE AGAINST
HIM.
This was suit against Goldsmith
G. Co. by Late for compensation alleged
TO be due the plaintiff for services as an
employe under Il certain contract made
between the parties. There was judg-
ment for the plaintiff in the lower
court, and the defendants appealed. The
court says:
The court Is Of opinion that IS was err
ror TO give the first instruction asked
for by the plaintiff in the court below.
That instruction excludes from the jury
nil consideration OF the question wheth-
err Latz was discharged by Goldsmith
& Co.. or voluntarily and in violation
of his contract left their service. There
was evidence tending to show that he
voluntarily abandoned their service
without cause. this was a question of
fact that should have been submitted
to the jury for their determine ton.
The court is further of opinion that
II was error TO refuse tho fourth in
struction asked for by the defendant in
the court below. Tint instruction tells
the jury that II they believe from the
evidence that the plaintiff received
from the defendant n statement Of the
account between them, showing the OK
act amount OF compensation for his
services in the year beginning in jan
unry, 1894, and ending in January. 1895.
ana accented the same without COM
plant or objection. and thereafter con
tinued for more than n year in the en-
ploymcnt Of defendants without ohiec-
ton or COMPLAINT OF tho amount of
profits awarded him in the statement.
such conduct. without explanation sat
isfnctory to the jury. on the part OF
LntZ. raises n strong presumption that
he had agreed to the correctness Of
such settlement. and unless the jury
should believe that such presumption
was rehuticd by Late. they should find
for the defendants on that question.
This instruction was n correct state
mcnt of tho law. il tho jury should be-
licVc the facts unon which it was pre-
dlcatcd. and ought to have been given.
Reversed.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-28
ssourr,nnN RY. co. V. PRArHER
Supreme Court of Alabama,
November ;, 1898.

November >. 1898.
IT Is NOT NEGLIGENCE PER Sc TO
ATTIIMPT TO DRIVE ACROSS A
STREET WHICH y RAILROAD
COMPANY HAS OESTRUCTtfp- by
CARS ON DIFFERENT TRACKS,
WHERE SPACE IS LEFT IN
FRONT OF THE CARS so THAT
TIE STREET MAY BE CROSSED
BY DRIVING AROUND THEM.
AN ORDINANCE PROHIBITING
THE OBSTRUCTION OF A STREET
so AS TO DELAY ANY FIRE
COMPANY WITH ITS APPARATUS
GOING TO OR FROM a FIRE, DOES
NOT MAKE A RAILROAD COM
PANY LIABLE TO A PERSON GO
ING TO a FIRE. IN PERFORM
ANCE OF HIS DUTIES, FOR AN
INJURY RECEIVED IN CROSSING
THE STREET INSTRUCTED BY
THE COMPANY, UNLESS THE OBJ
STRUCTION WAS SUCH AS TO
DELAY A FIRE COMPANIES AP-
PARATUS.
The facts sufficiently appear from the
opinion of the Court. The Court says:
The action was instituted by the APP
pcllee to recover damages for personal
Injuries sustained, and for damage done
to personal property. The material
questions raised by the grounds Of de-
murrer 10 the fourth, fifth and seventh
counts are whether the injury sustain
ed by the plaintiff resulted proXimately
from the wrongful or negligent conduct
of the defendant. as covered in these
several counts. Each of the counts un-
Ter consideration bases the cause Of
action upon the violation of certain or
.dinances Of the city. The counts now
under consideration show that plaintiff
approached the crossing in his buggy
and found 1t obstructed by the cars OF
the defendant, contrary to the city or
dlnances; that there were double tracks,
both Of which were occupied by the
cars of the defendant. He undertook
to drive around these cars. and make
short time" In order to get across:
and, In doing so. his buggy collided
with the rails Of defendants track so
violently as to throw him upon the
ground. to his personal injury.
The defendant is liable for all dam
ages resulting proximately from a vo-
lation OF valid city ordinances made for
the protection of the public but is not
liable for damages which do not result
proximately from such causes, nor can
1t be said that violation of a statute
or ordinance made for the benefit or
protection of certain persons or classes
gives right OF action. under all cir
cumstances, to persons or classes not
within its purposes. The defendants
cars remained stationary, and the in
Jury resulted from the attempt of the
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-28
Dress Goods,
Silks.

Yesterdays selling of an en-
thuSiaStic character. An op-
perfume time to buy is right
now-to- day.
We believe an inspection of
our exhibit will prove proGta-
bic.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-28

AS the season of the year when pneu
monia. In grippe, sore throat. coughs.
colds, catarrh. bronchitis and lung trou-
bes are to be guarded against. nothing
lis fine substitute" will answer the
purpose" or is ''just as good" as One
Minute Cough Cure. That is the one
infallible remedy for all LUNG. throat or
bronchial troubles. Insist vigorously
upon having it if Something else" is
offered YOU
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-28
a Rare
Chance

will present itself Thursday
neXt-at 10 o'clock.
Oyards of Printed Piques
regularly priced 12Hc. will 60
on sale at 7. Among them are
popular navy grounds, so de-
Slrable and Serviceable.
Also stripes of various col
orS, white grounds.
Short LengthS-many run
ming as high as 10 yards and
the product Of one of Ameri-
cas- best mills.
This offering ought to create
record breaking selling.
A fuller statement anent
Thursday will follow to-mor-
lo"'
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-28
Baby tarrfnres

Just received. fine assortment OF
Heywoods; prices from IS to $40. cash
or credit. Williamson & Sykes, 563 and
565 Church street. near Queen.
fe23-tf
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-28

Continued on sixth Page.)
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-28

Absolutely fast colors! Stripes across
the bosom. WILSON Bros.'s Shirts for 81.
Rudolphi Il Wallace. 333 Main street.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-28

Our line Of Stick Pins is the largest
to be found in the city. and at way
down prices.
THE GALE JEWELRY CO.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-28
THE
Joseph Brown
STORE.
Easter
Gloves.

Yesterdays arrivals give us
a comprehensive selection. At
an even dollar, you'll find a
prime Lambskin, smooth, elias
tic and Serviceable. Just such
a thing as we can conScien-
tiouSly recommend as a $500
glove. Twill be much more
satisfactory if you will make
your purchases as early in the
week as possible. More to
choose from, and more time
for the fitting.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-03-28
MISS ANNIE G.. Redo

MISS Annie Gertrude Redd, daughter
of Mr. and Mrs. John V. Redd. died at
the home of her parents. No. G72 Church
street, sunday, aged 90 years. The OBJ
seQuiAs were held from Ismn,onun,
Episcopal Chapel, at 4 o'clock Yesterday
afternoon. The services were solcmnized
by Rev. John II. Dickinson The inter
ment was in Elmwood cemetery.
The Winslow mail., 1899-11-02
Arizona.

Written for The Winslow Mail.
When first I struck Arizona,
Til tell you what I thought:
! thought I'd struck that place
Well, that place that's fearful hot.
But after I'd been here a while
And gotten on her ways,
My voice was heard the loudest then
In singing forth her praise.
There are something's about her,
That all would fain eface,
Yet everyone who stays here long
Concludes this just the place.
She does take many a peculiar turn,
Has nights that freeze and days that
burn,
Has many winding ways Of sin,
With very little good thrown in,
Has sand enough to blow all year,
(Her real estate is always clear0
Her wealth is sure not easily found,
Full half is far beneath the ground.
Yet do you think these trouble much?
But little, once you get touch
OF Arizona push and grit,
That seems turned loose here with the
soil,
And always come with honest toll.
Now, fearing lest I worry you
With this uneven rhyme,
I'll give you the moral Of it all
And you may have your time.
Investment here is never lost,
Profits far outbalance cost,
If any man has a thousand or two.
With which he's troubled what to do,
Just let it in these channels run,
1t will come back 16 to |.
UPHAM UNDER.
The Winslow mail., 1899-11-02

The editor Of a Georgia ex-
change says; Our spirits today
are as buoyant as moonshine
whisky. Our biggest boy, Lige,
has just got back from the Phil
lippines with split liver, a
wooden leg and a pension Of $15
a month. We have invested in
a brand new lightning rod, a
mouse colored mule and hereaf-
ter shall run our own still on the
quiet. Our Office will be closed
until we can find time to open it,
as a recruiting officer has just
strnck town and we want to en-
list our two youngest boys to
help lick Aguinaldo, and we hope
the good Lord will treat them as
squarely as he did our Oldest
boy. With three pensions in the
family we can afford to camp
out in the river bottom for a
week, and put new mortgage
on our shack.
The Winslow mail., 1899-11-02

Limited trains No. 3 westbound add No 4
eaSCb0und, run tri-weeIly.
No leaves Chicago nm NTondavs We'd
nesqags ht so o and saturdays, passes Albuquerque
at a, II :2O a 10 Mondays, Wednesdays and Fri-
days, arriving at Los Angeles at 80 d. m.
Tuesdays, Thursdays and SATURDAYS
No leaves Los Angeles at 20 d IN, Mon
days, Wednesdays and SATURDAYS passing
Barstow on the same day. Aibuquerque az
6l5 p m, Sundays, Tuesdays and Thursdays.
arriving in Chicago at 8:15 a m, Thursdays.
Saturdays and Tuesdays. Only IS hours be-
tween Chicago and Los Angeles, the fastest
train across the continent,
Passengers from north of Mojave may take
the limited either at Barstow or the Needless
Only first class tickets sold at full rates
are honored on the Limited trains.
Pullman Palace Sleeping Cars through
daily between Chicago and San Frarcisco,
and Chicago and Los Angeles.
Pullman Tourist Sleeping Cars daily be-
tween Chicago and San Francisco and Chi
cago aud Los Angeles.
Tourist cars leave San Francisco every
tuesday and Los Angeles every Wednesday,
running through to Kansas City, Chicago
and Boston
The Grand Canyon of the Colorado can be
reached only by this line
Ask for a beautifully illustrated book
which viii be mailed free.
JOHN ], BYRNE.
General Passenger Agent,
Los Angeles Cal.
The Winslow mail., 1899-11-02

Hon. Tom Davis, who was re-
ceutly arrested at Mammoth on
the charge of peddling without
a license, and who was acquit-
ted in the district court of Pima
county, announced that he will
soon commence suits for dam
ages upon the charge of Illegal
arrest and false Imprisonment,
against sheriff William G. Hru-
man and other PinaI county Off
Gals. The Citizen says that
Mr.. Davis is a commercial trav-
eIer, representing clothing
house. and cannot be considered
a peddler in any sense Of the
word. Before he went to Nam
moth he had been told that
threats had been made that he
would be arrested as a peddler
if he went there. Before going
to Mammoth he wrote d letter to
sheriff Truman, saying that he
would hold him legally respon-
sible for any acts of his deputies.
The Winslow mail., 1899-11-02

mented with two little beauty
spots Of black court plaster,
while a third one adorned the
sweet little dimple in her chin.
1t was too bad for the young
lady, after she had gone to so
much trouble and expense to
have the affair fail, and-it was
still worse to disappoint Us after
the elaborate preparation we
had made to receive them.
The Winslow mail., 1899-11-02

Greater America and the Car
rington entertainments will oc-
cupy the new Winslow Opera
House for the evening Of Nov,
9th, 1899. This celebrated com
pany comes to Us with the high
est Of references and is the only
national patriotic company Sc
lected above all other patriotic
combinations to give the enter
tainment which had a perfect
ovation and furOre at the recep-
tiOn rendered President McKin-
ley, Mrs. Logan and the noted
sculptor, Gandens, in the Coils
cum building, Chicago, in con
nection with the celebration
commemorating the battle Of
Atlanta, July %, 1864, and un-
yelling Of the statue Of General
Logan, July %, 1891. This ban
ner was placed upon this com
pany because it fitted the occa-
sion better than any entertain
ment they could select. It is
purely American and patriotic
giving the birth Of a nation and
Of the American flag. You can
not afford to miss it. This com
pany has the renowned drummer
boy of Shiloh and a large com
pany of stars, singers and play
ers and they give beautiful and
grand entertainment. A great
electrical display, grand scenic
allegorical exhibition of a very
high class and character; an
evening Of mirth, mystery and
pleasure, OF scenic, educational
defamation, music and song.
The Winslow mail., 1899-11-02

The publisher Of a newspaper
has one thing to sell and one
thing to rent, says an exchange.
He has the newspaper to sell
and the space in it's columns to
rent. Can any one inform US
why he should be expected to
give away either the one or the
other? He can if he so chooses,
and he does as a matter of fact,
furnish a great deal of space
rent free. But itedoes not fol-
low that he ought to be expect
ed to do so. 1t ought to be rec
ognized as contribution, exact
ly as would be the giving away
of sugar or coffee by s grocer.
But strange to say, tits not look
ed upon in that light by all; and
vet everybody knows that the
existence of q newspaper de
pends upon the rent OF It's space
and the paper, as a merchant S
The Winslow mail., 1899-11-02

J. x. Woods, one of our solid,
substantial citizens, came in
Monday afternoon from his win
ter range. Jack proposes to
take the world somewhat easier
this winter than he has for sew
eral years past. He has pulled
out of the broken country onto
a smooth road with easy grades
and is going to take a much
needed rest.
The Winslow mail., 1899-11-02

On Friday evening of this
week the members of the Ladies
Altar Society will give Pro-
gressive Card Social in La
Prade's Hall. There will be
aulusements to suit all. Those
who can neither sing nor play
cards, can surely eat, and for
those especially these ladies will
have prepared delicious lunch
con. This event, if missed, will
ever be regretted.
The Winslow mail., 1899-11-02

Col. Breed arrived from the
west on No. 2 Monday. The old
gentleman was looking splendid.
He says WinsloW is a better
business town than many of the
southern California towns much
larger, and that there is more
and better buildings going up
than any place Of it's size east
Of San Diego.
The Winslow mail., 1899-11-02

We were threatened with a
serenade last Saturday night, or
rather Sunday morning. The
instruments usually used in a
chivarri were to be employed in
this instance. It was intended
to be a surprise, but a benevo-
lent and kind hearted lady, who
did not want to see us unpre-
pared on so mOmentOus an occa-
sion, very kindly sent word of
the honor intended, that we
might be prepared to receive our
unexpected guests in an appro-
pirate and becoming manner.
We ordered d couple baskets of
Munn's Extra Dry and a goodly
spread Of edibles, confections
and fruits, and sat down in our
bachelor quarters, to await the
arrival Of our unlimited guests,
with what patience we could
command. Twelve o'clock roll
ed around. No signs Of our mu-
sical friends. We concluded to
take q stroll Of discovery Saw
the prima donna soprano as she
closed and locked the door of
her apartments and daintily
picked her way to the place of
rendezvous. She was gotten up
regardless Of expense or taste.
Her alabaster cheeks were orna-
The Winslow mail., 1899-11-02

The quartette Of youngsters
consisting of masters Krentz,
Bauer. Creswell and Fee, re
turned Tuesday afternoon from
their hunting trip. Considering
their inexperience and their liza
bility to an attack of the buck
ague, they did remarkably we'll,
killing three fine bucks.
The Winslow mail., 1899-11-02

Inspector C. S. Ford informs
us there have been 1867 head
of cattle shipped from this sec
ton this fall. Holbrook has
shipped 1862 head, Winslow
6,015, Navajo about 1000. The
shipment of sheep, he thinks.
has been much greater this sea
son, tbanfor number of years.
And is of the opinion that forty
thousand head shipped from the
three points mentioned above,
IS a conservative estimate.
The Winslow mail., 1899-11-02

Dr.. r. G. Dryden has obtained
a leave Of absence for a month
or six weeks and will visit his
old home in Missouri. DR.. Ruth
erford will attend to his patients
during his absence.
The Winslow mail., 1899-11-02

Frank Secrist and party, con
sisting of his brother Charles,
and his nephew, Mr.. Rowe, of
Omaha, Nebraska, and Messrs.
Todd and Wood of this place,
returned from their hunting ex-
cursion Monday afternoon. They
report having had excellent
sport, killing nine deer and for
ty-one wild turkey. Billy Burke
and the writer had a royal feast
off one of the turkeys. During
the meal Billy remarked that a
turkey was unhandy bird for the
table-a little too much for one,
and not quite enough for two,
The Winslow mail., 1899-11-02

FOR RENT-Two rooms, fur
nished for light housekeeping.
Also, single room with fireplace,
suitable for one or two gentle
men. Apply to Mrs. Selva, south
side railroad track. x
The Winslow mail., 1899-11-02

Babbitt Bros. are receiving
this week from the manufactur-
ers, lines Of mems underwear,
which they are offering at very
reasonable prices. You will
make mistake if you buy your
underwear before seeing their
assortment.
The Winslow mail., 1899-11-02

For SALE-Sewing machine
and six hole cooking stove, with
all fixtures to both complete.
They have been well taken care
of, and are as good as new. In
quire of G.. A. Davis.
The Winslow mail., 1899-11-02

We have on the way, and will
receive in the next few days, a
car of oats, which Will be sold
at the same reasonable prices
which characterizea all the trans
actions at Babbitt Bro. S store =
The Winslow mail., 1899-11-02

Go to Babbitt Bros. for any
thing in the grocery line. Their
prices are right, so are their
goods.
The Winslow mail., 1899-11-02

WinSloW for its size is one Of
the greatest night towns we ever
lived in, Up to ten or eleven
o'clock everything is quiet, but
from that time on until daylight
things are on the hum.
The Winslow mail., 1899-11-02

The Rev. Robert Renison will
conduct services in the Episco-
pal church every Thursday even
ing 7:45. The public generally
are cordially invited. =
The Winslow mail., 1899-11-02

John Mobiles. Ben Burke and
Frank Daine came in from the
range country Monday after
noon. They complain Of rowing
bands of sheep going through
the country on their way south
and destroying their winter
range. Mr.. Mobiles has started
two or three bands Of wethers
for the southern part of the ter
ritory to have ready for spring
shipment to market.
The Winslow mail., 1899-11-02

The best soft coal comes from
the Crescent Coal Co. For sale
by e. G. Creswell.
The Winslow mail., 1899-11-02

Lazy people are criticised a
good deal, but they generally
lead long and happy lives.
The Winslow mail., 1899-11-02

Geo. f. Schaal, optician. Diamonds
watches and jewelry. Fine watch re-
pairing a speciality. Navajo Hotel,
Winslow, Arizona.
The Winslow mail., 1899-11-02

Go to J. f. Mahoney's for the
beststock of fresh candies, nuts,
stationery, school books, peri
odicals and the latest dailies
from both east and west. &
The Winslow mail., 1899-11-02

1t is the agents business to
sell things; it's your business not
to buy unless you need what he
has to offer.
The Winslow mail., 1899-11-02

A man has to be very much in
love with a woman to willingly
carry a parasol over her
The Winslow mail., 1899-11-02

When rich man signs notes
they may seldom be protested,
but it may be different if he
sings them.
The Winslow mail., 1899-11-02

Every man abuses the fool
doctrines of others, and is faith
full to his own.
The Winslow mail., 1899-11-02

It is affectatiOn to use a long
word when a short one will do
Just as we'll.
The Winslow mail., 1899-11-02
TALK OF THE TOWN.

THE WINsLow MAIL for sale
by J. f. Mahoney.
The Winslow mail., 1899-11-02

If time is money some people S
time must be counterfeit.
The Winslow mail., 1899-11-02

For good cigars and chew
ing tobacco call on J. r. Ma
honey. x
The Winslow mail., 1899-11-02

We will receive this week q
car of prime Colorado Irish Po-
tatoes, together with eastern
dry onions. which will be dis
posed of at prices to make them
move. Babbitt Bros.
The Winslow mail., 1899-11-02

Colin Campbell was in after
camp supplies the forepart Of
the week. Says he shall take
things somewhat easier this win
ter than he has for a number Of
years back.
The Winslow mail., 1899-11-02

One-half the defeats could be
turned into victories by a little
effort.
The Winslow mail., 1899-11-02

Riches have wings and power
ty hath stings.
The Winslow mail., 1899-11-02

Many writer has made a
goose of himself by taking a
quill in his hand.
The Winslow mail., 1899-11-02

Don't take physic when you
should take exercise.
The Winslow mail., 1899-11-02
Ube 33zlIDtasalnau 2a1ntl.
THURSDAY. NOVEMBER .. 1899
SECRET SOCIETIES.

& sJaTEP MEETINGS OF wiNsLo,y
Aa,Lodge, No. 10, f. and 4. H. are held
x X in Masonic Hall, on the second
NS Wednesday of each month. Visit
ing brethren arecordialIy invited 70
attend. W II. RURBAGE w N 70
EDWIN W. FRASER, Secretary.
The Winslow mail., 1899-11-02

success depends on selling his
goods instead Of giving them
nWay.
The Winslow mail., 1899-11-02
Acetylene : Gas

Be independent of Gas and Electric
Light Corporations and own your own
lighting plant. The NATIONAL gen.
orator does not have to be cared for
oftener than once in FIFTEEN days.
It is positively safe and is recommend
ed by all Insurance Boards. We light
residences, churches, stores, factories
and towns at FORTY per cent less than
other systems with double the illumi
nation. To responsible parties will
ship machines on thirty days trial.
Send for free booklet on Acetylene
Gas. We want good agents.
National AcetyIene Gas Co.
Buffalo, New York.
The Winslow mail., 1899-11-02

POST OFFICE HOURS.
Weeks m to p IN, and from 3 D m to
80 p n.
Sundays from to 3 m.