Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-09-24

II Is crossed by the railroad. BY actual
count. made az the instance OF. and at n
time selected by. the appelees, II was
ascertained that there passed over the
bridge for three successive days, between
the hours OF Z In the morning and in
the evening. an average per day or more
than three thousand pedestrians and over
five hundred vehicles. Upon this state
OF facts IL cannot be said that the rail-
road crossing which includes the I'll
upon the street by the railroad company,
Is I'm such a condition as the statute re-
! quires. The people Of the city of Char
| louesville ana the public have the right
| 10 the free and uninterrupted use OF the
whole street where the railroad crossing
| Is located, as well as elsewhere. except
so far as the construction Of the crossing
necessarily interferes with that use.
| There is nothing 10 prevent the railroad
company from making the crossing as
| wide as the street. II Is necessary Tor
| the convenience Of the public. he fact
] that IL will cost few thousand dollars
| 20 widen the crossing is no sufficient
/ reason why il should not be done. We
| are OF opinion therefore. TO reverse The
| decree complained of and TO remand the
| cause 10 the Hastings Court Of the city OF
| Charlottesville to be there proceeded in
| in accordance with the views expressed
in this opinion"
| Flick Declared TO Have Been Guilty.
/ The only case the Commonwealth had
! I'm the Supreme Court at this term was
! that Of Flick VS.. the Commonwealth.
] Flick, who is n married man AZ years OF
| age. was convicted In the County Court
of Augusta Of the ruin Of Augusta Y.
/ Wise. the 16-year-old daughter of Mr..
Adam Wise. who is a well-lInown farmer
and cattle-dealer of Augusta. An appeal
la.
sentence Of the County Court was az
frmed. The case went 40 to the Supreme
+ Court of Appeals. the first time case
charging a married man with this crime
3 ever reached that court The lengthy
opinion was prepared by Judge Keith, +.
IL IS a very able one. Portions Of IT are
equal 10 anything in any Of Judge Keith
opinions. and compare favoraby with
many of the finest passages from those
of the ablest judges who have declared
the law from Nirginia's supreme Dench'
Judge Buchanan wrote a brief dissenting
opinion. though he concurred in the opin-
ion in all points save one.
Power of Trustees.
billiard VS. billiard ct ais, from the Cir
cult Court Of Nelson county involved the
F multifariousness Of a bill, the question OF
res adjudicata. and on especially interest
under a will The testatriX. Narcisa Dill
lard gave to three trustees certain pro-
perties in the will designated 20 be held in
trust by them for her sons William s.
billiard. Stephen T. billiard. ard her SON
in-law John G. Alundy. Coupled with this
trust was an authority vested in these
three trustees 10 turn over said property
TO one of the bcncfciaries. J. T. Dillard,
in fee for life or for a term of years II IN
their discretion they deemed il advisable
so TO do. one Of the trustees died. and
the question arose as TO whether the two
Surviving trustees could exercise this dis
erection. which had been imposed upon the
three.
The court held. in an opinion by Judge
Rely. that this was not the case OF an
ordinary trust, and one of the trustees
having died before the authority con-
ferred upon the three had been exercised.
I that it was now too late for the two sur
viving trustees 10 carry ont the au-
thority which had been vested in the three
Jointly. The court held, in effect, that
this was a discretion vested in three men
Jointly. and could not be exercised by
. two of them.
statute Of Limitations.
The question Of whether on execution,
a debtor. by departing from the state,
suspended the running to the statute Of
limi. atoms upon proceeding for the en-
forcement Of the judgment. came up in
the case Of Ch6athams Administrator VS.
Alstrop's Administrator. from the Circuit
Court Of Nelson county.
In an exhaustive opinion by Judge
Cardwel. the Supreme Court holds that
the departure of the debtor from the
] State without notice, constituted an OBJ
struction to the prosecution Of the plain
tnos right, which suspended the opera
ton of the statute of limitations.
Summary.
Judge James Keith, F.:
| Flick VS.. Commonwealth. Circuit Court
Of Augusta county. Affirmed. Judges
| Buchanan and CarJwen dissenting.
Robinson VS.. Moses. Circuit Court of
Augusta county. Reversed.
Judge John W. RELY:
billiard VS.. Dillard. Circuit Court of
Nelson county. Reversed.
Judge r.. II. Cardwell:
! Cheatham's Administrator VS.. Aistrop's
! Administrator Circuit Court Of Nelson
| county. Reversed
| Judge John \. buchanan:
city Of Charlottesville VS.. Southern
Railway Company, &c Hastings Court,
| city of Charlottesville Decree reversed.
| Judge George NJ. Harrison:
| Perkins for &C., VS.. Segfried's Admins
traitor Circuit Court OF Albemarle coun-
| ty Reversed, Keith. r., dissenting.
Wisecarver vs.. Wisecarver. Circuit
| Court OF Frederick county. Reversed.
| Wise vs.. Commonwealth. County Court
| OF Washington. Writ Of error and super
| sedeas. Bond $780,
Kelly VS.. Hambln. Circuit Court Of
| Wise county Appeal and supersedeas.
| Bond SOC.
Trevitt VS. Prison Association. Circuit
| Court of Henrico county. Writ Of error
| and supersedeas. Bond 500.
Fray VS. Southern Railway Company
, Circuit Court Of Culpeper county Writ
Of error refused.
Kane. &c. VS. Virginia Coal and Iron.
| I.titinn 10 rnhear. Petition refused.