davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
COURT DECISIONS.
DIGESTED BY W. B. MARTIN.
EXCLUSIVELY FOR
vIRciNIAN PILOT.
Notes Of Cases Recently Decided,
Which are Of Interest TO
Our People.
CITY OF LINCOLN ". PERRIER.
Supreme Court of Nebraska.
February 9. 1900.

supreme court OF NeDf0SKa-
February 8, 1900.
A CITY IS NOT LIABLE FOR
A DEFECT IN A SCUTTLE HOLE
IN A STREET. PROPERLY CON-
STRUCTED AND APPARENTLY
SAFE, IN THE ABSENCE OF ACT
UAL NOTICE OF IT'S CONDITION.
The court says:
The law undoubtedly u.s. as claimed
by counsel for defendant, that a city.
in the absence of actual notice, is not,
ordinarily, liable for falling to discover
the existence of defect in scuttle
hole which has been properly construct
ed and is apparently safe and secure.
The action being grounded on negli-
gence, the test of liability is whether
the municipal authorities did every
thing which, under the circumstances,
ordinary care and prudence required
them to do; and the rule is that an
omission of duty is not to be inferred
from failure to search for defects in
a sidewalk. where there is no reason to
suppose defects may be found. The
jury were told that, if the scuttle hole
In which the plaintiff was injured had
remained in n defective condition for
such length of time that the authori-
ties, In the exercise of ordinary dill
gence, should have discovered the de-
feet, notice to the defendant would be
presumed, and proof Of actual notice
would not be necessary to entitle the
plaintiff to recover. This instruction
was not erroneous. 1.-THE court then
quotes another instruction given and
saye]: In other words the right of the
plaintiff to a verdict in her favor was,
by the fourth instruction, made to de-
pend upon the accident having result
ed from defect in the side walk,
which was so evident and open to view
that actual knowledge of it must. In
the usual course of events. have reach
ed the agents and servants of the city,
If they had faithfully performed the
duty imposed upon them by law, in see
Ing that the public streets were safe for
those having occasion to use them. The
jury. following the instructions of the
court. could not have found for the
plaintiff without first finding that the
defect in the sidewalk was visible de-
fect-one which ought to have been
discovered and remedied by the city
authorities before the accident hap
pcned. Affirmed.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
BIRD v. ST. JOHNS CHURCH.
Supreme Court of Indiana.
February 1, 1900.

February 1, 1900.
FIFTY DOLLARS A DAY, STIPU-
LATED AS THE DAMAGES FOR
DELAY IN THE CONSTRUCTION
OF A CHURCH. MAY BE RECOv-
Erred AS STIPULATED DANA
GEES THEREOF.
This was an action to enforce a me-
chanfc's lien on a church.
The court says:
1t appears from the finding of facts
that 1t was provided in the contract
that appellants should finish their
work. and have t1e church cdifce ready
for use by March !, 1896, and that in de-
fault thereof they should pay to the
owner $50 for every day thereafter that
said work remained unfinished, as and
for liquidated damages; that the APP
pcllants, after having obtained an ex-
tension of the time for completing said
work until April 8. 1896, failed to finish
the same by that date, making a breach
of their contract to the extent of 60
days; that the actual damages oc-
casioncd by such delay are too 1lncer-
tain to be fixed by the court, and that
the amount fixed by said contract as
liquidate0 damages Is not greatly dis
proportional TO the loss sustained by
the owner Of said church building as
a result Of the delay on the part of the
appellants in finishing the same. We
do not think it necessary to enter into
an extended examination OF the au-
thorite5 upon the veXed question
whether the sum named in a contract
is to be regarded as n mere penalty, or
is to be treated as liquidated damages.
We are content to adopt the rule laid
down by this court in Jaqua V. Head
ington. which is this: Where the sum
named is declared to be fixed as liqui-
dated damages. is not greatly dispro-
portioned to the loss that may result
from q breach. and the damages are
not measurable by any exact pecuniary
standard, the sum designated will be
deemed stipulated damages. If the
sum fixed cannot be recovered then
there Is no exact standard by which the
recovery can be measured. and the ap-
pellant will be compelled to accept a
price fixed by other men upon his own
property: and this. too, in a case where
the parties have deliberately fixed the
value. and written 1t in the contract"
The facts found bring this case clear
ly within the rule stated in Juqua ".
Headington, Sapra.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14

Tuesday. Aoril 18th, we will hold a
grand combination sale of 100 high
class Drivers, Educated Saddiers,
Speedy Roadsters and we'll mated pairs.
The catalogues Of this sale will show as
well bred a lot of horses as were ever
offered at auction in Virginia. and the
horses will show for themselves as
much style, action, speed and good
quality as was ever shown in our auc-
ton ring.
Wednesday. April 18th. and Friday.
April ooth.we will have about 400
Horses and Mules Among the horses
are big. heavy drafters. medium. gene
raj purpose horses and plenty smooth.
blocky built chunks for the Southern
trade. Among the mules are some
extra fine big ones and plenty medium
sized. Also some that are acclmated
and ready for work.
Remember the three big sales next
week-Tuesday, April 18th, grand COM
bination sale: the following day, We'd
nesday. April 18th, and Friday. April
goth. our ordinary weekly sales.
Horses will be on exhibition at our
stables Monday, the 18th.
Catalogues of the combination sale
can be had by applying to THE
MCLEARY MCCLELLAN LIVE
STOCK co. ap14-3t
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
Cumberland Street NJ. e. Church.

MORNING SERVICE.
Organ Prelude-"Aria from Zauber-
Holy. Holy, Holy. Lord &C God ~ Al
mighty :. :. :. John B. Dykes.
Anthem-"Christ Our Passover" :.
Fred Schilling..... :. -. -. :.
rtyHH .............. =.
Sclo-"Les Rameaux" CThe PALMS,
j. Faure.. Mr.. Walter F. busch.
Anthem osanna".. Jules Granier
Organ Postlude-"Festal March" :.
Henry Smart. Observation-Disclosures.
EVENING SERVICE.
organ Prelude ..................A. Bori
Anthem-"This Is the Day. ....... !
S. Chas. Cooke. Observation-Disclosures.
Solo-Mrs. DR.. Farmer. Selected.
Anthem-Sclected.. ...... -....... .......
Organ Postlue-"Festa March" 80.
Scotson Clark. .....................
Soloists-Mrs. DR.. Farmer Miss George
Richardson, Miss Daisy Barrett.
Messrs. Walter +. busch and John
l.. Moore.
Organist-W H. Hancox.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
About 100 Lots Sold Within Ninety DAYS!
IS TIE RECORD OF
The Port Norfolk Investment COMPANY.
IS TIE RECORD OF

follow
evident nas isds
h IA to make purhaa; and
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II nov 10 fewer tina tire
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N ne If
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II
a
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s stuhn tin map grwgm IL
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"a Sis @ch Granu d ssunante
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
About
Gloves.

We have a Glove at 100
that has proved satisfactory.
We guarantee them and Of the
whole number sold, the pro-
portion imperfect, is too small
to seriously consider. We fit
them and advise every buyer
to take this precaution. Black
and the prevailing shades.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
DreSG
G Goods.

You'll find Saturday a thor
oughly good day for such buy
ing, particularly if you
Combine Marketing and Dry
Goods purchasing. If you
will favor us to-day, you will
consult your personal inter
ests. Saturday-becau it is
a longer business day, is bet
ter than Monday for shopping
in general-DresS Goods in
particular.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
Emanuel p. +. Chapel.

Holly Communion and address at Z: 80
a. m. Services and Sermon at IL n. m.
Children's Easter services at 3 p. m.
Evening Prayer and sermon 7:45 D. m
There will be special music at these
services with Prof. J. J. Miller in
charge of full vested choir, using their
new vestments for the first time. The
public is cordially invited.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
HON. r. M. HUGHES.
A COURSE OF LECTURES AT LEX
INGTON.

INGTON.
A correspondent, writing from Lex
ington, says:
Hon. Robert NJ. Hughes, OF the Nor
folk bar. is delivering a course of lee
lures on admiralty law and procedure
before the law classes of Washington
and Lee University.
"At the regular weekly gathering OF
the students and faculty, Mr.. Hughes
made an interesting address on the his
torical associations of William and
Mary College"
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
Handkerchiefs.

There is a general accepta-
blllty in Handkerchiefs as a
gift, that is not characteristic
of anything else. You MAY
select something amiss, but
did you ever know Of any one
who complained of being sur
feited with Handkerchief
Neat Embroidered Linen and
Swiss 12H. The better
handsomer-in both Linen and
Swiss-25.
$50 for the finest we have.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
TO RIohmond and Return. st.oo.

Easter Sunday. April 18th, Chesa-
peake and Ohio route steamer Louise
will leave Norfolk a. m. sharp. Train
arrive in Richmond 11:40 a m. Stons
at Historic Old williamsburg and
Toano Round trip to either place. TIC
Returning, leave Richmond 1880 q. In
Tickets at the boat.
]. F. HERMAN. Mgr.
ap6.S.1O.n.12,13.14 e''
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14

EASTER MUSIC.
Continued from Page 3
EVENING SERVICE.

Professional-Hymn No. ITO.
Gloria Patri ...................Be Beethoven
Magnificat In F.. Shipper
Onertory-"Christ Is Risen. .Coombs
Rece ssional-Hymn No. 49,. Sullivan
Soloists-Miss Edna Ryals, Miss Jes-
sic Mehlhorne. Miss Mabel Howard,
Mr.. w. F. Fletcher, ]. G. Loond and J..
p. Britt.
Charles Borjes. choirmaster and or
ganist.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
The State Democratic Convention

Hon. Joseph T. Lawless, Secretary of
the commonwealth. was in the city
yesterday to hold q conference with
several local Democrats in regard 10
accommodations for delegates to the
State Democratic Convention
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14

It will take but one trial to convince
you that RUDOLPH & WALLACE
are the leading tailors. ap1
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
GOrsets.

For the Spring Suit to pre-
sent its best appearance. good
fitting Corset is a necessity.
However bodily comfort ought
to receive first consideration.
Both ends will be reached
from the different shapes
shown. and to-day is prime
day for the buying. R. & c.,
w. B., Thompson's Glove
Fitting.
A Bias-cut, Gored Corset
at 100 is notably good.
The Summer sorts if you
want them.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
VIRGINIA BEACH.
Special Rates During the Season May LIST
to September 3Oth.

Round trip excursion. daily. 40 cents.
Forty-trip books for families, good
until October 31st, 5000.
Monthly Communication tickets be-
tween Virginia Beach and Norfolk,
good for f1fty-four (54) rides during the
calendar month for which issued, will
be sold to individuals whose occupation
requires daily trips to Norfolk for $500.
For further information apply to
II. c. HUDGINS,
ap14-tf Genl. Passenger Agent.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14

Don't fail to attend the ball game
to-day. Boston league team versus
Yale University. Game called at 8
p. m. 1t
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
A.ustrous
PercaIine
Petsicoata at 90.

Corded "a times. and so
we'll done that the skirt does
not tenaciousIy cling to the
body, but serves in measure
to support the dress skirt.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14

Just a word about our line or Eng
fish Suitings. They are the best Hird-
dersfield productions. You know what
that means. RUDOLPH G. Wal
LACE. 1888 Main street AMI
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14

Fill your wants in Earl G. Wilson's
Collars and Cuffs and Shirts at Ri.
DoLPHI 6 WALLACE. S33 Main
street. ap1
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
THE
Joseph Brown
STORE
200 Mercerized
Petticoats at a.98.

Blacks and colors. Such
shades as are popular, and will
add beauty to the Wardrobe.
To- day a better day than any
other day, to do your buying.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14

Newest Discovery" extracts teeth
painlessly. N. Y. Dental Rooms only
No. 1924, corner Main and Talbot SITS
N. E. of monument; esta blished nearly
20 years. Ennes, Dentist. New phone.
1851.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14

Don't fail to attend the ball game
to-day. Boston league team versus
Yale University. Game called at 3
p. N. It
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
ACCORDION
Plated Petticoats
AT z. 90.

Heavily corded to give them
proper set. Made of mercer
lied Italian. called sometimes,
Shadow Silk Colors and
Black.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-14
st. rnul,s z. e. Church.

Christ Our Passover" Anglican Chant
TIE Deum ..........S. Coleridge Taylor
Jubilate ............S. Coleridge Taylor
Offertory Anthem-"Light's Glitter
ing Morn Bedecks the Sky.
Horatio w. Parker
Sanctus ........ Field
Gloria in Excelsls Tours
The Lamar register., 1900-02-21

II may be noted that while the pro-
fessors are disputing as 10 the com
mercial utility OF liquid air as a pow
er, the main engine work Of the world
is still done by steam. Electricity came
long before liquid air. 1t has been
put to commercial uses for twenty
years, and immense advances have
been made in its production and appli-
cation. Yet the extent to which IL
has actually superseded steam as an
applied power is really trivial-and
there is a steam engine behind every
current OF electricity that is put TO
commercial uses. Within few special
lines electricity is practicable as an
agency for distributing the power
originally generated in a steam engine
but the day when steam shall cease
to be the driving power of the world
seems to be as far of as ever.
The Lamar register., 1900-02-21

An Intelligent master-printer is quot
ed as saying TO the men of his own
trade, Whether We wish for il or not.
the eight-hour day is bound to come:
and instead of wasting our strength in
vain resistance. we shall find 1t wiser
to consider how we can adjust our busl-
ness to the inevitable change" With
out accepting or rejecting this prophe-
sy, we may say with truth that the
present agitation seems to follow in
the track of the movement OF sixty
years ago. which reduced the working
day from twelve or more hours to ten.
II is urged by the same reasons; It is
met by the same objections; it wins
by the same zigzag advances. In eight
states there has already been friendly
legislation; in Boston and Worcester
It has been approved by popular sut-
frage as standard for all city en-
ployes. 1t is for the interest of both
capital and labor that so serious a
change should be made-if 1t is to be
made at all-with the least possible
disturbance TO business.
The Lamar register., 1900-02-21

The bridge of boats which now forms
the only means Of crossing the Bos-
phorus is entirely insufficient to meet
the demands and it Is suggested 10
build tubular tunnel from shore 10
shore. so that traffic may go on with
out interruption Because of the lack
of suitable foundation, this tube must
be suspended or tioated below the sur
face of the water. The scheme sounds
somewhat impracticable, but it Is be-
ing seriously considered.
The Lamar register., 1900-02-21

Kuang-Hsu. the unhappy young Chi
nese emperor, still lives. In view of
the expense attendant upon royal fun
erals it is quite possible that the en-
press dowager decided not TO kill him
until after the spring taxes had been
collected.
The Lamar register., 1900-02-21

No less than 1000 producers OF
verse entered a recent poetic competi-
ton. This is the utilitarian age more
from the lack OF a Teuuyson than from
deficiency in the number OF aspir-
ants
The Lamar register., 1900-02-21

Man needs truth and consolation;
but the truth may not be consoltng, nor
the consoling true.
The Lamar register., 1900-02-21

The most deplorable thing in connec-
ton with our present day congress
sional verbosity is the fact that II
comes largely from young men who
ought TO know better.
The Lamar register., 1900-02-21

The woman who thinks she is
marrying a novelist's hero and the
man who thinks he is marrying a
wingless angel invariably discover that
marriage is a failure.
The Lamar register., 1900-02-21

A New York man claims to have
been driven into insanity by his own
humor. The prevailing inclination is
to shift the responsibility for such mis-
fortunes
The Lamar register., 1900-02-21

Just at the moment when the right
eous are in the greatest despair aid IS
close at hand.
The Lamar register., 1900-02-21

You can learn more about a man in
ten minutes after it Is too late than
you could in ten years before.
The Lamar register., 1900-02-21

If people could only get rid of their
imaginary troubles they would be
fairly happy.
The Lamar register., 1900-02-21

Any woman is worth her weight in
gold-so she Il inks
The Lamar register., 1900-02-21

The happening of the unexpected
never worries people who are not pre-
pared for anything in particular.
The Lamar register., 1900-02-21

Senator Depew is an active member
in twenty five clubs. the United States
senate, and eighty-two other corpora
tions.
The Lamar register., 1900-02-21

ran can accomplish things at 20
that ne would be ashamed to attempt
at 40.
The Lamar register., 1900-02-21

Many a man would have a better
wife If he wasn't such a poor nus
band.
The Lamar register., 1900-02-21

An egotfst is man who thinks
himself better than his neighbors-
The Lamar register., 1900-02-21
WOLCUTT'S SPEECH
IN WHICH MR.. PETTlGREw IS
NEATLY FLATED.

The Representatives of the Diseontenten
and Unhappy and Envious should ne
Traded for AguinaIdo and something
TO Boot-rhe Mission of our kepublie
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-06-18
Soft Turi Prevents Injury.

An exciting runaway accident occur
rcd last evening. at the junction OF
state ana Grove streets. and but Tor
III" messy banks of Monument PARK
would have resulted seri usly. Larry
HI thu evening. Mr.. and Mrs. Frank >.
St4uI..s " Arsenal str Att, We're ullN-
inn down Western avenue. shortly
before thc horse turned into stat"
street he became frightened at an
electric car standing on the STATE
street line.
He gathered himself ana leap'd 50
,uIicLIv that before the driver was
aware Of what was going to happeH'
~, horse was under full Roadway
.rI,a c,r left 10 loom for the team to
,.nntinI,4 down Grove street. When an
,ttrn,nt was made to turn the morse
frt, STATE street he had such htad-
v.av that before it could be prrCented
the wheels slowed against the curp-
.,o,a ard both wheels on That SID
were crushed. Both Mr.. ana MIS-
ctanI.s were thrown out and as they
struck on the turf they escaped m
iurv ar consequence, although Mrs
StanIrs was slightly bruised ana her
lip cut. I'LL,
Il looked as though nothing could
,,,a,ant the horse from having clear
mn NJ he street. but officer knight
ar, 49,, and succeeded in slowing the
horea down so that short dlStahc
hsvnnd the animal was stopped WITH
o,1t further injury being done
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-06-18
PERSONAL MENTION.

Edward Grey Of Rockland. is clerk
ing At Hotel North.
+. II. Jenkins has returned from q
business trip t. Boston.
Henry Turner NJ the post office. is on
vacation Of fifteen days.
Mr.. ana Mrs q. l.. Krcnr of this
city. have gone Ia Boston fo, a few
days
Niles Perkins. Eowdoin az. came u?
from college. Saturday. t. visit friends
In the city.
Mir. ana Mrs. John Chase returned,
Sunday, from Boston where they have
been for Il week.
MI. ana Mrs viii Lowell Of Water
willie. were the guests Of friends in this
city, over sunday.
Mr.. and Mrs. Samuel HoIrdman of
Bangor. were in the city. Saturday,
calling ON friends.
Harry Cnughiin nf !; ston and Alex
auder Won Kcisting a New York. are
visiting friends in toWu-
Hon. s. W Matthews has returned
from Springfield. Mass. where he has
been for week ~ business.
Mrs f. r. Horton of Dexter, is a
guest at the home of her daughter,
Mrs. &. f. Flynt. 70" Il few days.
Mrs. L. d. Cook and her daughter.
Miss Beatrice have gone to Damaris
Gotta. where the latter viii remain
during the summer.
Miss Edith NJ. Fuller ana Mrs. T.. $.
Stackpole have returned from cam
bridge Miss Fuller will remain here
until August when she Will sail for
Europe.
jackson NJ. Libby. engineer at the
State House is on two weeks vaca-
ton. H left for Boston on No. 81,
Saturday morning. where he will take
in the Bunker Hill celebration.
Arthur II. Mason has been reelected
to tha prnfessorship Of English At
Kents Hill for another year. at an in
creased salary. H. will spend the
summer at the Harvard summer
school
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-06-18
DAILY kennebec Journal
AUGUSTA LOCALS
Beauty.

pea was born Of the worlds desire
% t fn wandering water. the wandering
hdtr the arch Of her hurryinr feet
'"e nas trodden a world fun Of bitter
IN, ne blood Of the violet il in her veins,
n i,er Pulse mas the passion OF April rains.
our or the heart of Il satin flower
COD made her eyelids in one sweet hour
D .,,ut of the wind He made her feet
and fleet
out of a cloud He wove her hair
Heavy and black with the rain held
there.
What is her name? There's none that
knows
Mother Of Mischief. or Mouth o rose
W NAT IL her pathway? None may tell,
But il climbs to heaven and il dinS to
he'll.
The garment on her is mist and fire.
Anger and sorrow and hearts desire.
Her forehead jewels an amethyst
The garland To her Is loVe-n-a mist.
Her sirdle is Of the beryl stone.
And one dark rose for her flower has
grown.
Filled % the brim with the strength .
A passionate rose. ana only one
The bird in her breast sings all day long
y wonderful, wiStful. whispering song;
The song that is of all passing things.
None knows it-winGless or born with
wings.
Nora Hopper in New York Tribune.