The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-09-23

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/ account" showing, as thus corrected,
| balance due Teawalt of s390.02, as OF
April /, 1902, is approved, and decree
directed in his favor for that sum. to-
gether with costs In both courts.
SUIT AGAINST CRY.
In the case OF city Of Charlottesville
VS. j. S. Failes. the Judgment or the
Circuit Court OF Albemarle county In
| Is reversed and a ney trial awarded.
j. s. Ta,les. while walking along the
sidewalk on Preston Avenue. in the city
OF Charlottesville on January 49, 1908,
slipped and fell, breaking his right arm
| near tho wrist; whereupon he brought
suit against the city for s1,ooo damages
| for the injury received, alleging defective
and unsafe condition of the street. Upon
! the trial, the jury rendered verdict In
his faybr for s1,25o.
Judge white, in his opinion, discusses
mainly tho question raised upon the
ruling Of the trial court In denying the
motion OF the city to set aside the ver-
Gict as contrary to the law and evidence.
From his review Of the facts proved 1t
appears that the accident occurred In an
unimproved quarter Of the city, where
the sidewalk and .roatlbed were unpavcd
| the city being accustomed. however, to
scatter cinders along the sidewalk to i'm
| pr owe the wakway in muddy weather;
that at this point there was washout or
drain extending diagonally across the
sidewalk. varying In width from eighteen
inches to two feet md In depth from
! eight to twelve inches; that on the day
OF the accident the sidewalk was covered
with Ice, and a fall of snow had filled
the washout. and plaintiff admitted In
his testimony that he fell because Of d
| clip on the Ice. Upon these and other
facts stated in the opinion, 1t Is hell
that 'the fact that the sidewalk was in
q slippery and dangerous condition was
obvious, and imposed upon the plaintiff
the necessity Of exercising degree OF
care for his own safety commensurate
with the increased risk. Nevertheless, his
own version Of the accident shows that
he was negligent in that regard for he
admits that he was walking at q rapid
Ealt when he slipped and fell: and that
1.-The trial court erred in overuling the
motion to set aside the verdict of the
jury as contrary to the law and evidence.
LICENSE TAX.
| The Immigration Society OF Albemarle
county was found guilty and fined 800
by the Judge OF the Corporation Court
OF the city OF Charlottesville at the jan
nary G904) term, under an Indictment
charging it with selling and offering for
| sale land in the city OF Charlottesville.
without having paid q State license tax
for doing business as O real estate agent
| and from that judgment It obtained a writ
| OF error from the Supreme Court OF APP
| peals. This society was organized under
an act Of the Legislature, entieled IAN
act to encourage immigration into the
Commonwealth Of irginia and to promote
the sale Of lands within the Common n
wealth to Immigrants" which provides.
among other things. that ten or more
3o,, on,, ~
the State may, be complying with the,
provisions OF that act, be Incorporated
as a society. the object OF whichJis stated.
to be Ito advertise for sale and to- sell
or lease lands OF the members Of said
society,"" and among the privileges given
it Is that II may be appointed ansagent{
or attorney IN fact to sell lands. It is
also provided that when so organized 1t
shall not be assessed with a license tax
| as a land agent, either by the State, the
county or the town in which its principal
office may be located Under the pro-
visions of this act, this society, whose
principal office was in the city Of Char
lottesville, claimed to be EXEMPTED from
| the payment OF any license tax @
Judge Buchanan. in his opinion for
| the court, quotes at length from the act,
under which the society was organized
and In constituting the same, holds that
although the language used In the second
section OF the act, standing alone, Is
sufficiently broadgto authorize a company
INCORPORATED under the act to be appoint
ed agent or attorney in fact for the sale
| OF lands not owned by its members, yet
| the object for which the company wa 8
authorized to be formed, and for which
! 1t was formed, was .'to advertise for sale
and to sell or lease the lands OF the
members OF the society," and the other
provisions OF the act ought, as far as
l. fl.I ~ n GO nnn cArrve
out the decla red object or Intention Of 4
the Legislature In enacting the statute
| Applying this rule OF construction. he
concludes that the society was not au-
thorized to sell or offer for ALE lands
OF persons other than Its members and
that it was therefore guilty OF the offence5
charged in the Indictment. The 1udg-&
ment OF the trial court Is affirmed.
TITLE TO STOCK.
The case OF Downing, &C., VS.. Thonnr-B
son ct ais, from the Circuit Court Of
Warren county. opinion by Judge Harri-.
son, involves the title to lG0 shares Of
stock of the Carson Lime Company, Of
The par value of ten dollars per share.
~. IS. b. Thompson, the owner OF the
stock upon the books of the company,
assigned the same In November 1902 tn I
| Henry Fl. Downing and James +. ates,5
az security to them for Decolning ac-g
commodation endorsers upon his nego-8
table note for $1,000 or any rene walls
thereof, executing at the same time an
irrevocable power of attorney authorize
1ng the transfer of the stock on The pooFs
OF the company. The note was discount
ed by the Front Royal National Bank.
and after being renewed several times
and curtailed by Thompson, was finally
raid by the endorsers. the amount paid
being $7G0. Thompson never paid the
balance on the note. and the endorsers
continued to hold the same. tosether with
the certificate OF stock. without having
! the latter transferred to them on the
| company's books. In April, l:0l samuel
Carson, claiming to have purchased the
stock from Thompson in March Of that
year, Instituted proceedings IN the Circuit
Court OF Warren county. uNaer section
il35 of the Code, to have the stock trans
| f.rrad ~ 5hin, On the hooks OF the COM