Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1900-01-19
COURT OF APPEALS.

COURT OF APPEALS.
The Court OF Appeals handed dow,
these opinions yesterday:
In the csss of the Richmond Trsctio,
Company vs. Hiidebrsnd, from the O.,
cult Court of Henrico county, the deci.
ion of the lower court lie reversed. JUDO
Harrison delivered the opinion.
This ia sn action OF trespass on III.
case brought by Mary B. Hildebrsnd "a
recover damages for an injury ALLEGED
TO have been sustained by her 10 cons.
quence of the careless, neglect and
reckless conduct of the plaintiff 10 er.
ror in running it's electric cars over
certain highway from the city of Rich
mond to lakewood cemetery. The prO.
ceedings in the lower court resulted IN
verdict and judgment for sl260
against the defendant company.
After reversing the case upon the in.
structions, the court considers the decls.
ration, which repeatedly states tia,
plaintiff was struck by defendants @,
while she was on it's track, upon which
she had just stepped. The court holds
that plaintiff was guilty OF Negligence
ia stepping Immediately 10 front Of a
rapidly moving car, the consequence Of
which could not be avoided by the u.
most care Oh the part OF the defen6spI
This being the correct Interpretation Of
the declaration, the demurrer shoula
have been sustained. An Opportunity
is given the plaintiff to amend her decla.
ration and make clear what is 10 doubt
in respect to the meaning intended
10 be attached to the language referred
/ to.
Case sent back for new trial with
leave to plaintiff to amend her declare
ton.
In the case OF Brown We. Common.
wealth, from the County Court Of Hen.
rico county, the decision Of the lower
court is reversed.
This is the case in which the accused
was elected in one of the Seven Pines
cars for disorderly conduct, and upon
the return of the Car to Richmond il col.
lded with an obstruction in the form Of
a railroad tie. The point at which the
car collided was something over a mile
from where the prisoner was elected
Suspicion pointed to Brown; he was a.
rested. tried and found guilty and sen
fenced to the penitentiary for four years.
He thereupon applied for writ of error
to the Circuit Court, which was refused
and the case was brought before the
Court of Appeals.
The court holds that the prisoner is
entitled to Q new trial, because "lhe
whole evidence taken together is OF a
very doubtful and inconclusive charac-
ter. 1t is sufficient to create a suspic
ion of the guilt of the accused, but is
not, in our opinion, sufficient to war
rand bis conviction"
The guilt of party is not to be in
ferred, because the facts are consistent
with his guilt, but they must be incOn.
sistent with his innocence-Hairston's
case, l Va. S. G. r. 211, 81 Va; But
dicks case, Va. S. G. K. 643.
In the case of Horatio Solomon vs..
Lawler, sergeant city of Norfolk, VIII
of habeas corpus is denied.
HOratio Solomon was held by the pc.
lice justice OF Norfolk upon charge Of
murder. Pending the preliminary ex.
animation by such justice, the case ives
continued from time to time by reason
OF smallpox in the Jail. During this
time when Solomon was 20 held two
grand jury terms of the Corporation
Court of the city of Norfolk, to which
Solomon had not been sent, in puTsu-
ance of preliminary examination, had
elapsed. 1t was commended that the
lapse of these two terms ipso fscto dis.
charged the accused from imprison.
ment, under section 40Ol OF the Code,
and writ OF habeas corpus was applied
for.
The court denied the writ.
By Judge James Keith, president
West-End Real Estate Company, Of
Norfolk, We. Claiborne. Circuit Court
city OF Richmond. Reversed.
DanviIle Street Car Company vs.Wst.
kins. Corporation Court of Danvllls.
Reversed.
Southern Bell Telegraph and Tsle.
phone Company VS.. Clements. Law and
Equity Court city of Richmond. Al
6rmed.
By Judge John w. Rely
Route vs. danger field. Circuit CouI,
OF Essex county,. Reversed.
Jones vs.. city OF Williamsburg. Cir
cult Court Of 'he city OF Williamsburl
and the county of James City. Al
frmed.
By Judge II. II. Cardwell-
McCOnville VS.. National Bank O
Stanton. Corporation Court city Of
Reversed.
By Judge John A. Buchanan
City of Norfolk VI. Young ct ais
Circuit Court city of Norfolk. Affirmed
Conrad's administrator VIZ. Fuller,
&c. Circuit Court city Of DanviIle. Re
versed.
By Judge George M. Harrison
Buck vs. Gusrantors Liability Com
pany and Dolfield vs. Richmond Trsc-
ton Company. Circuit Court city Of
Affirmed.
Gardner vs.. Gardner. Circuit Cour.
Of Washington county. Appeal and
Bond, $3.50.
Glenn vs. Andrews. Hastings Court
city Of Richmond. Writ of error and
supersedeas. Bond, 500.
Southern Railway Company vs. Tay
Tor. Circuit Court of Campbell county.
Writ of error and supersedeas. Bond,
b5. 900.
Virginia and North Carolina Wheel
Company vs.. Chalkley. Further 81
gued and submitted.
The next case to be called is River
side Cotton Mills vs. Green-No. 81, OF
argument docket.
The court adjourned until MONDAY.