The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-03-24
CITY ORDINANCE
v WAS A \ n |. D
Dead Animals Are Property Of
Which Owner May Not
be Deprived. ..5...
RAILWAYS WEIR WRONGED.
OF Responsible for Killing .
Man on Track Another
Similar Case.

VI The Supreme Court sof Appeals OF svlr-
GINA yesterday handed down opinions
In four cases and announced It's action
on number of petitions for writs OF
error and appeals. Two OF tho opinions
handed down were written ~ Judge STAFF
ford G. White and the other two by
Judge George NJ. harrison, and in two
OF the four cases tho opinion OF the
appellate court is a reversal Of the lower
court. Ii, S4s nj ~ 8y533 81
# Insthe case Of the City Of Richmond va
Caruthers. an appeal from the Judgment
of the Hastings Court OF his city. Judge
5NVhittle wrote the opinion OF tho court,
which is an af1lrinance on the trial court
and u reversal OF Police Justice Crutch-
field. The issue IN this case was the
validity Of an ordifianceaof the city nu-s
gthorizing the president OF the board 81
health to contract for a term Of two
years with some person for the removal
of all dead horses, mules. cows and cat
tie found within the city limits. and JIM
posing fine Of from IS to so OH any
other person other than such contractor
who shall u remove such carcass az e dead
animal, thus giving the contractor for
removing sucn carcasses g. a mono poiy
OF that work. and depriYlng any citizen
of his right to remove such body.
Caruthers was fined $50 for removing
a dead animal from the city in VI collation.
of this ordinance the fine being imposed
In the Police Court. The defendant ap-5
ipealed, and the Hustinss Court reversed
the justice, holding that the ordinance
was in conflict with the sConstitntion.i IN
that 1t deprived n person Of property
without due process Of law.
THE question involved in this ca sc was
whether or not such dead animal WAS a
nuisance. Tho evidence in the case 9su s.
tained the contention that it was not, and
as t has been3repeatedly5 held that a dead
animal CARCASS is property, the llpAliat L.;
court sustains5 the Judgment Of the li ust-
S!ngs Court in relieving Carutherss Of the
fine. ags5 # Is
{ Railway VS.. Back.
one reversal was; in, the case Of tho
Southern Railway W.. Backs administers
strix, from the Circuit Court Of Orange
In this case the railway company IN the
trial court &demurred to the evidence, and
the court overrulcd tho demurrer and
entered jud gment Inst The railway for for
s., 900, the amount for which lie n jury
found. S5 s5ssS # 1. v
Back, out of the killing Of whom by.ai
Southern Railway train near orange the
suit grew, went to the signal tower at
Spotswood in n state of intoxication and
remained there until the night operator
told him lie would have to leave. +
family and protesting he left. alklng
away up the siding. Later Ills dead BODY
was found. lie having been killed by q
train passing soon nfterward inc crux
OF the case is the question OF snegli gencc,!
Tho appellate court holds that 1t was
not negligence for the operator in the
tower to eject Back no. Was u Z IN uin- 4
bent upon him tolescort the man 70 e
place OF safety, Back being q III espassscr
and an Intruder8on the compnny's tight
Of way. Thes court holds that. the trial
court erred Iii nperruling tho demurrer,
to tho evidence By the railwayS company
and the higher court orders tll nat ~ y PC
sustained, 81 y u, ls I'll, J.
3.,rhc other case In which the opinion or
tho appellate court is returned, IL thatsof
tho Norfolk and Western Railway
Jol,nson's administrator, from Il he CIR
cult Court of Norfolk county. Judg g Ilal
rison Avrote the opinion Sof + the court " ~
this case 5 III ~ n 5 ~ NJ y lt.
Irhe issue iii the case stmuclli the same
as In that OF the Southern Raj way VS.
Back s administrator Johnson was killed
by Il train while walking along on pne
OF the two parallel tracks in the, toy "
Of Berkeley. slIis administrative entered
suit for damages, and the Jury rendered
Il verdict for the pnintiff for 50 900. The
railway company demurrcd to- he CYL
dence. but the court operrulcf The Il de-
" ! - e a. T. Z Z