The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-11-06
Unions in
U. S. COURT
Number Of Interesting Ones
Were Handed Down by That
Tribunal Yesterday.
"A SURGEON is HURT AT SEA
Was Injured While a Passenger
on British sllip-George
E. Fisher in Case.

The United States Circuit Court OF APP
peals convened yesterday morning ut 10
o'clock. Circuit Judges Goff and Simon
ton and District Judge Brawley sitting.
The court handed down opinions In a
number OF cases argued and submitted
at the last term, and thereafter heard ar
gument orally on several cases.
Among the opinions handed down Is
that OF Elder Dempster Shipping Com
pany, Limited. VS.. Frank A. Pouppirt.
appellee, on appeal from the District
Court OF the United States for the East
ern District OF Virgnia. This is an ac-
ton in admiralty. In which the appellee,
Frank A. Pouppirt, n veterinarian. sought
to recover damages sustained while an
eInploye aboard British freight steam
err. on which he had sailed In charge Of
a cargo Of mules from New Orleans to
South Africa. The vessel had returned
from South Africa and was ordered to
proceed to Galveston for a cargo OF
cotton. It became necessary to dis
mantle and remove certain stalls and a
superstructure on board the vessel, built
for the transportation OF mules, and
while engaged In this work Pouppirt
was struck by beam and seriously In
jured. He entered an action in admiralty
and the District Court found for the
plaintiff, awarding him damages to the
amount OF $4,000.
The steamship company appealed. az
signing errors in several points. one OF
court. Another held that respondent
was guilty OF negligence, and still others.
WAS HIS OWN ACT.
The appellate court. after reviewing
the case. held that the court did have
Jurisdiction, but that the proximate cause
Of the injury for which the libellant
sought to recover was his own act: that
he was in q place where he had no oc-
casion to be: certainlytno necessity 10.
being. and that he suffered the conse-
quences OF his own act. The decree OF
the lower court is. therefore. reversed
and the case remanded to that court,
with instructions to enter a decree dis
missing the libel with costs
The opinion OF the court Is written by
Judge Simonton. who thus states the pre-
mise on which the conclusion is based;
Unless there was n duty there was no
negligence, and unless there was negl!-
gence there can BIO no recovery.
The other case from the Eastern Dis
LrlCI Oh SlEkluId dNOlucI e10hAAAA @ssS
case, In which Judge Morris delivers the
opinion OF the court. modifying the de-
cree. That Is tho case OF the steamer
Alabama and the steam tug Curtin. ap-
pellants, VS.. the barge G. c. Mc1lwaine.
appellee. In this case tho barge Mcll-
waine, in tow of the tug Curtin. was In,
collision with the steamer, and her owner
filed a libel against both the steamer
and the tug for damages to the barge.
alleging that both were In fault me
District Court so held and decreed taat
the damages should be paid in equal
parts by the owners of the steamer and
tug. From that decree the owners OF
the Alabama and the tug Curtin ap-
pealed After carefully reviewing the
record In the case and the opinion OF
the lower court. the appellate court held
that the steamer, having done all that
was reasonably possible 10 do to avoid
the collision. was not at fault. and that
the responsibility for the collision was
Court, In addition to the assessment
Of $3.50 damages by the special COM
missioner. sustained the allowance OF
$1,000 additional for impaired value OF
the tug. due to structural weakness
caused by the collision. The appellate
court thinks that this sum was reason
able and proper.
The decree Is accordingly modified,
with direction to dismiss the libel as
against the steamer Alabama and to en-
ter a decree against the steam tug Cur
tin for tho whole damage. with costs.
Another case. in which an opinion Is
handed down. is that OF the Twin City
Power Company, appellant. VS.. Thomas
Barrett. 'Jr., appellee. from the Circuit
Court of the United States for the Dis
trlct OF South Carolina. In this case
the Judgment OF the lower court is af.
firmed and the appeal dismissed. This
is OF some local interest. by reason OF
the fact that Mr.. George E. Fisher, OF
New York. Is the real appellant, Mr..
Fisher being we'll known here. The case
was a suit In equity. The court dis
misses the various assignments OF error
and affirms the Judgment OF the lower
court. Mr.. Fisher. therefore, loses the
case.
OTHER OPINIONS.
The following is summary OF opinions
No. 46o. The charlerton and Western
Carolina Railway Company, interviewer,
&c. appellant, VS.. Hugh NJ. Conner ct
Co. as spsa Fo@ o sa S1l By
Judge Keller; affirmed.
No. 46l. Ohio River Railroad Company.
plantift in error. vs. Nora Shannon. ad-
Va. On petition for rehearing. Petit
ton denied,
{ No. AIS. ELLA c. Cooke ct al, appellant,
VS.. J.. II. Copenhaver. sheriff. &C.. ct al.
appeal from the Circuit Court at Charles
ton. ~. VA. Opinion by Judge Golf; af-
No, 1853. S. Brown Allen. United States
Marshal. appellant. VS.. j. B, Clark. ap-
pellee; appeal from the District Court
at Lynehbtrg Va. Opinion by Judge
Cot; affirmed.
No. ass. Augustus "A. Kellnr, appellant,
VS.. George *. Craig ct al, appeliecs: ap-
peal from the Circuit Court at Parkers-
burg. w. Va. Opinion by Judge Goff; af-
tirmed.
titf in error, VS., Chapman Fry, defendant
In error: in error to the Circuit Court ut
Charleston, ", Va, Opinion by Judge
Morris; reversed and remandcd for'n new
No No. 400. The Twin City Power Com
appellee; appeal from the Circuit Court
al Charleston, s. G. Opinion by Judge
Keller: affirmed, with costs
No. 49i. Steamer alabama" and Steam
Tug Curtin appellant, vs. Barge g,
G. McIlvaine,n appellee; appeal from tho
District Court at Norfolk, va. Opinion
BY Judge Simonton; decree of District
Court modified and cause remanded, with