The times. [volume] (Richmond, Va.) 1890-1903, 1900-09-23
OP INl0NS OF The
SUPREME: court
Six Cases Passed On By States
Highest Tribunal.
THE RAILROAD SUITS DECIDED.
Judge Harrison Affirms the Lower
Court In the Southern rs. Dawson
Contest, and Also Bennington
VS.. Chesapeake and Ohio.

NcKeeter VS.. the Commonwealth. From
the Circuit Cort of Rockbridse county.
Opinion delivered by Judge Keith, al
hrming The judgment
Plaantin in error. was indicted IN the
County Court OF Rockbridge county. for
selling liquor without license, was SEN
fenced TO pay a rine of 500.
Plaintiff in error is a licensed dlStilieT,
and as such sold whisky to ii. ana X
the sale was not made to them Jolntiy,
but separately, each buying for hnaseii
a gallon or more, which was measured
out and placed in jugs left in the CUSTODY
OF the plaintiff in error, subject to the
order of The purchasers. The sales were
made during the month of September,
October or November preceding the 1tlai
and the price was paid at the time OF the
purchase charged on a running account.
HIS whiskey was put in a jug and taken
away by him, in quantities OF less than
one gallon, OF delivered in quantities OF
less than one gallon on MS order, to X,
who conveyed and delivered the same to
II.
Plaintiff in error contends that he is a
licensed distiller, and under the law had
a right to sell liquor manufactured by
him in quantities not less than a gallon,
and there Is no proof that he did sell in
quantities of less than Gallon. Disposed
jury was there instructed that to consti-
tute a sale by the gallon there must be a
sale and delivery to the buyer Of an
entire gallon: that a contract for gallon,
and the delivery of the same in parcels
at different times, is a violation of the
law. This instruction was held to be cor
rect
The second error assigned IS because
the Indictment charges the sale of liquor
to two persons Jointly. and the proof was
Of separate and distinct sales to each of
them.
The court holds that there is no such
variance between the averment and the
proof as would warrant it in reversing the
Judgment The Indictment charges sale
to Huffman and Robinson, and the facts
proved show a separate sale Of liquor to
zach Of them. The offence charged against
plaintiff in error is the sale of ardent
spirits without Grst having obtained a
license as required by law. in the first
count: and in having sold 1t in quantity
of less than a. gallon. in the second
count. The opinion says: There was no
plea interposed. no objection made to
the Introduction of the evidence. and the
case is before us as upon a demurrer to
the evidence: and SO treated. we cannot
say that the facts proved are insufficient
10 support the judgment. which is af-
flrnled.'
ROBERTSON vs.. BRECKENRIDGE.
Mamie B. Robertson VS.. Brechinridge ct
ais. From the Circuit Court OF Bote-
tourt- Judge Keith delivered the opinion
reversing the case
Held: That the duty of an executor.
when the Will has been proved and he
has qualified, is to collect the assets. pay
the debts, distribute the surplus, if any,
Jap1onf, those entitled, and settle his ac-
counts. He has no authority to borrow
money and bind the estate which, he rep
resents
SOUTHERN VS.. DAWSON.
Southern Railway Company VS.. Dawson.
Fro9 the Circuit Court Of Nelson county.
Opinion delivered by Judge Harrison.
Affirmed.
The defendant In error bought a ticket
which entitled him to transportation on
freight train of the plaintiff in error,
which was provided with a car for passen-
gers from Covesville in -AIbenarle county
to Faher's Mills in~Selson county. While
on the way the train parted. several cars
were dcrailed- and the separated cars col
1ided with such force that defendant in
error was thrown from his seat with
great violence and seriously injured, for
which he brought suit and recovered dam
ages to the amount of s., 900.
Held: /. A railroad company is held to
as strict as accountability for The negli-
gence OF It's employees in the management
OF a freight train with a CabooSe at