The times. [volume] (Richmond, Va.) 1890-1903, 1899-01-27
WALKER LOSES
AND WINS A CASE
Can't Copy Registration Books, But
May Inspect Pool Books.
AN OLD SUIT ENDED AT LAST.
Union Passenger Railway Company
Must Settle with the Richmond
Fredericksburg & Potomac Co.
Other Decisions.
AN OLD SUIT ENDED AT LAST

The opinion Of the Court of Appeals IN
the case of Keller and Hickman vs..
Stone and James A. Walker vs.. stone
which was delivered by Judge Cardwell
on yesterday morning. was one OF more
than ordinary interest. Sometime III
December 1898, General James a. walker,
who was candidate for Congress from
the Ninth district, was defeated oy Judge
Rhea, the Democratic candidate, IN NO
vember last, applied to James A. Stone,
clerk OF the Hastings Court or Bristol
and registrar of Bristol precinct. Tor copy
Of the registration and poll books OF that
precinct. The registrar refused 10 per
NIT copies Of these books TO be mace,
but permitted General Walker 20 Inspect
the registration books. He refused, how
ever TO permit any Inspection OF me
poll books which he claimed were sealed
and filed away with the ballots.
General Walker applied 70 the Supreme
Court OF Appeals for VIII OF manhainus
TO require the registrar and clerk To FUR
nish him with copies of the registration
and poll books OF the precinct, or TO per
nit such copies 20 be made. The Court
decided that under the provision OF the
statute the clerk and registrar could not
be required 10 make copies Of these re-
cords. nor coulo he be required ~ man
damus to permit such copies TO be MADE
under his supervision. but that 'he re-
titioners had right TO inspect the books
and 10 take notes therefrOm at reason
able times and 10 a reasonable extent.
As this right was never denied as 10 the
registration books the petition as 10
these was dismissed but the mandamus
was awarded directing the clerk 10 per
nit an inspection or the poll DOCKS
This right was conceded by counsel lor
the clerk in their brief.
In tho case of the Postal Telegraph
Cable Company vs. The Farmville ana
Powhatan Railroad Company. Judge
Keith wrote the opinion. reversing the
judgment OF the County Court OF Ches-
terrified. The Telegraph Company served
notice upon the Railroad Company that
IL would apply TO the County Court OF
Chesterfield at it's November term, 1875
for the appointment OF commissioners
TO ascertain and report what would be
A Just CONDENSATION TO the railroad COM
pany for the right to construct. main
tain and operate a telegraph line OF the
Postal Company along It's right OF way
The railroad company appeared ana upon
its motion the notice was quashed
Thereupon the Postal Company applied
for "A writ OF error TO the judge or the
Circuit Court. who refused IL. The ludg-
ment complained of is IN accordance
with the decision Of the Court OF APP
peals I'm the case Of the Postal Telegraph
Company vs.. The y. & w. Railway Com
pany, reported in IS Va. p. 920. which
the court adheres TO. The court said Il
was premature 10 take into considera-
ton the measure of damages. and sim
ply reversed the Judgment OF the county
Cour, and directed that it enter Juds-
ment I'm conformity with tho views eA-
pressed in this opinion.
Victory for the H.. +. and u.
Judge Keith wrote the opinion in the
case OF the Richmond Union Passenger
Railway Company vs. The Richmond
Fredericksburg and Potomac Railroad
Company. which came up from the CIR
cult Court of Richmond. Majps Myers,
on behalf of his company, ami George
A Burt, representing the ots err com
pany some ten years ago entered INTO
on agreement by which each concern
should share the cost of erecting gates
at Broad and Hancock streets ana the
g. pense OF keeping a watchman there.
The Electric Company after p3y,nS IT'S
psrt of The cost of erecting the gates
aud half Of the watChman's aAl2rv Tor
the month of March, ISIS. was advised
that il was under no obligation 10 pay
any part of the hagman's wages and
refused to do so. Hence t,e sur. ne
Circuit Court rendered a judgment Tor
the plaintiff I'm the sum Of $40. an ip-
PEAL was taken and the judgment OF lie
lower court is affirmed.
New Trial Granted.
The Law and Equity Court OF Rich
mOnd was reversed in the case OF COhen
& Company vs.. Bellenot, trustee. Judge
Buchanan wrote the opinion. ms was
a suit TO recover damages 10 property.
alleged to have been caused by reason
OF a nuisance maintained by Cohen x
COMPANY There were two trials. each
resulting in favor OF the plalntin, who
is the defendant in error Tile Verdlct
was set aside on the first trial as being
contrary to the evidence and the dam
ages excessive To the second verdict
Cohen * Company appealed The Court
OF Appeals decides that the instructions
Of the lower court were erroneous, ana
the judgment is reversed and the cause
remanded for new trial
Summary of Cases.
Judge James Keith, President-Postal
Interchangeable co. vs.. Farmville and
Powhatan Railway Co County Court OF
Chesterfield County. Reversed. -,
Richmond Union Passenger Railway
Co. vs. r. r. and =. Railway co. Circuit
Court City of Richmond. Affirmed.
Judge II. II. Cardwell-J. h. kelar ana
AR. Hickman VS.. James a. Stone, reg
istrar. Petition for mandamus. Mandamus
refused.
James A. Walker VS.. James A. Stone.
clerk and registrar. Petition Tor man
damus. Mandamus refused.
Judge John A. Buchanan-Cohen 4 co.
vs. Bellenot. trustee, &c. Law and Equity
Court City of Richmond. Reversed.
Judge George NJ. Harrison-Harrls vs..
Jones, &c, commissioners. circuit Sourt
OF Rdppdhdnhoch County. IeSscl2eN -.
CITY of Roanoke vs.. Shull. Circuit court
city of Roanoke Writ Of error and super
sedeas Bond, $500
Southern Bell Telephone and Telegraph
Co. VS. Clemens. Law ana Equity court
civ ~ Richmond. Writ of error and SUI
persedeas. Bond. Sl,6O0. 60. -,
Stratton vs.. Wars. Circuit Court OF
Russell County. Appeal and supersedeas'
Bond, $500. ,o,A,o
piano co Circuit Court OF Roanoke
County. Writ OF error and supersedeas'
stone VS. Wallace. Corporation Court OF
Russell County. Appeal and supersedeaS'
Paintor. ct ais, vs. st. Clair, et ais.
Circuit Court Of Pulaski. Appeal award
ed Bond 500.
Bailey VS.. Counts. Circuit Court OF
Washington county. Writ OF error re-
fused.