The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-03-03
SUPREME COURT DECISIONS.
Read and Cannon Cases Ordered TO
Re Tried.

The supreme Court mas p"eH HHii"i"S
down decisions OF interest to the MEM
ters OF the Savannah bar and their clients
with great rapidtty this week. There
were seven decisions in local cases yes
terday, which are reported in to-day
Morning News, besides as many more IN
the last day or two Several of the cases
decided yesterday aTe Of general interest
The suits of DR.. J. b. Read and his
driver Lloyd in the City Court Tor heaVy
damages sustained by reason oil coming
in contact with a low hanging trolley wire
while driving on Congress street during
1896 attracted considerable interest at me
time. DR. Read sued for $1,000 ana Ltoyd
for $500. Mr.. W. c. HartrLdge repre-
serted the plaintiffs ana Barrow Os-
Dor ne the defendant railway company
Jud &c Norwood granted non-Sults IN Dolh
case :, holding that he plaintiffs mad not
exer eised the ordinary care and dillSehce
requi red of them under such elrcuIh-
stanc,es. The Supreme Court reVerses TINS
decision, and orders thai the cases De
tried Members of the savannah bar VIII
be plea sed with this decision as the great
majorit Y of the attorneys mere were
agreed at the time that Judge Norwood's
had take q an extreme position on the SUD-
ject or 0 rdinary care and diligence
In the case of the Vernon Shell Road
Company against T. J. Davis ct al turn
pike conn., nissioners. in the Superior
Court the decision of Judge Falhgant IN
favor Of the commissioner is affirmed. IN
this case the commissioners took actloh
against the Shell Road Company because
of the condition of the road They Sc
cured a verdict for damages and the case
was appealed to the Supreme Court by the
company
The Judgment of the Superior Court in
the case of Dixon versus the Central of
Poll -
taiued. This was case in which the Cen
trail Railroad refused 30 handle cars for
Dixon & Co. over the River street track
10 tile water works as a transfer Dlx@n
& Co. declining to pay freight IN advance
and ranking g claim for demurfage for
non-desivery of cars. The Central held
that the cars were for original shipment
and not for transfer. Judge Falhsant up
held the. contention Of the railway com.
pany n
The dec ison of the Supreme Court in
the Mcmillan ''puffiug ana bye-bidding"
case is of special interests to the real es-
tate deaieE 5 as well as to property owners
generally ! The Supreme Court practically
holds that an interested party has me
right to jim sure property bringing tair
price at public auction oy having 1t pia
no by resp InsibIe party.
At the auch on sale of the property OF
tho Parsons eaA ate on Liberty street Mr
r n McMflla a bought the lot and store
at the corner Of lLiberty and Price streets
for $4,000, and tie adjoining vacant let
for S3,z75 The ne2a gay however ne Nc
clined to take the u. operty on the ground
that if had been bft up on him by Mar.
George w. Owens WHO was attorney ior
one of the heirs and cha rged puIilhs anu
"byebidding," which are torblddeh by Jaw
a t public sales. The exc cutors OF M .
"a ,rsons brought suit to have the sale
con firmed, and their contelluoh was sUe-
- % H. INA coll
The Supreme Court holCts that anyone
who bids at public sale, not pee fuse %
a desine to purchase. but m feiS pSca Nso
it is to his interes to do 50, is no{ 2ui-
fer" if he be a responsible pa :! VIM
can be compelled to make go M ms plu
and that is so even though he ma nave
an arrangemN ut with an interes teo' paIoy
by which he Will not be compelleC u keep
and nay for the prop erty if knock ~ uo" -
to him The court further holds Tn ~ II
is not contrary to law nor public DC NY
for persons who viii be entitled tC lhe
proceeds of land sold by an executor u
der a decree of the court TO engage a
third person to run the property up to i
specific price with the understanding In "a
if it is knocked down to him they wnA
take it off his hands.
This is a more extreme decision in favor
of the interested parties Sa a public sale
than was generally expected.
Judge Norwood and the Supreme Court
appear to be az outs In the Cannon case,
where Mrs Cannon sued the Central tor
5000 for the death of her husband,
night watchman in the yards, who was
killed by switch engine, consult was
granted by judge Norwood because of
lack of evidence. This IS reversed by the
Supreme Court. In The Lucas asa. NAore
Mrs. Belle Lucas obtained a vec !ict for
5000 damages against the FLORIDA central
and Peninsular. the lower CONT IS also
reversed.