The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-06-14
Equity Court Of the city OF Richmond,
and remands the cause for trial

Equity Court Of the city OF Richmond,
and remands the cause for trial.
Frances Racks a woman, who with
three children. was trespassing on high
and long trestle of the company on the
Seven Pines Railroad on the night OF
March 2, 1909, was struck by the car In
the intense darkness and killed. She was
killed about sxty-fve feet from the west
end Of the high trestle by car coming
from tho east end and while she was
crawling over the trestle.
The only question in the case was as
to whether or not the motorman did all
that he could in the exercise of rea soma.
BILE care to stop his car after he dis
covered her peril. Expert and other tese
tmony was introduced. all of which Is
exhaustively reviewed by the court. and
the defendant company's exception as to
the inadmlssibility of testimony relating
to cars of different construction and the
stoppage thereof Is sustained by the APP
pellate Court as well taken, the trial
court having refused the motion to ex-
clude same.
After the exhaustive review OF the tes-
timony the court thus concludes Its
opinion: Subjecting the whole evidence to
the most rigid application of the rule gov
erning demurrers to evidence. no other
conclusion could rightly be reached than
to her own reckless intrusion upon the
defendant trestle and right of way as a
Etrespasser.
johnson VS.. ColleY.e
in the case of johnson VS.. Colley and
others, from the Circuit Court of Gooch-
land county Judge Harrison delivers the
opinion of the court, reversing the decree
complained of and remanding the case
for further proceedings.
The question presented by this record is
the validity of an alleged gift causa
mortis, and In which the court declares
the facts few. simple and uncontrolled
ed.
In this case. Joseph Newton johnson,
a bachelor, lived in comfortable circum-
stances In Goochland county, owning
valuable real estate and personal prop
erty, The only persons living with John
some time prior thereto. We're Lizzie
Johnson, negro woman. and her two
illegitimate children, one of whom was
Libby Carter johnson. a negro woman.
little girl eleven years old, who, by
her guardian, is the appellant In the case
The deceased was warmly attached to the
appellant. who stated that he thought as
much of her as If she We're his own dear
child. and that he would provide for her
we'll at his death.
The court In Its opinion holds that the
evidence is abundant that he intended
and attempted to accomplish this cherish
ed purpose In August, 1901, he had pre-
pared by his friend and neighbor George
p, Cowherd, treasurer of the county,
will, by which he made this child his
sole legatee and devisee, except to the
extent of providing home for her mother
with her, On the day before his death he
sent for Mr., Cowherd and had him read
the will, which had not been executed He
then stated that he did not wish to
change 1t, and asked that persons he call
ed into witness the will. but before this
could be done he died. Is Cowherd was
leaving the sick room Johnson handed
him bundle of money with the injunc,
ton that II he died or anything happened
to him Cowherd must give 1t to the lit
tie colored girl, Libby Carter Johnson.
and see that she got 1t. The sum thus
intrusted amounted to s1,75s.43, which was
deposited In bank by Cowherd
The court holds that all the essential
attributes of gift causa morris are,
that 1t must be personal property: that
the gift must be made In the last illness
of death as imminent. and subject to the
implied condition that If the donor re-
cover of the Illness. or If the donee die
first. the gift shall be void and finally
that the property given must be deliv.
cred at the time of the Gift to the donee
or to some one for him. and the gift must
he accepted by the donee In the case.
The court holds that the gift was causa
norris and not testamentary In charac-
ter; that the person to whom the money
was given was made thereby trustee
and not mere agent, whose powers
ceased with the death of the principal:
that the language used by the donor in
making the gift is but the expression OF
the condition attached by implication OF