Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-08
OPINIONsHANDEDDOWN
DECISIONS IN VARIOUS CASES
BY COURT OF APPEALS.


The Court of appeals of the District of
Columbia has handed down opinions us
follows:
Philo J. Lockwood, plaintiff in error.
against the District of Columbia, Judgment
reversed; opinion by Mr.. Chief Justice
Shepard.
Mr. Lockwood was convicted in the Police
Court under an information charging him
with engaging in the business of claim
agent without license. He prosecuted
claims in the pension bureau without hav-
ing paid the annual license fee of So de-
manded of him under the personal tax law.
In his behalf it was contended that the
term claim agents" in the act is too IN
certain and vague to be enforced
In this the Court of Appeals concurs and
holds that the Police Court erred in not
rendering Judgment of acquittal.,
benjamin KlOpfer. appellant against
the District of Columbia; judgment re-
versed and cause remanded with directions
to award new trial; opinion by Mr. JUS
tice Norris
Klopfer. who is a private Waterman COM
missloned by the District as an additional
private on the police force. but without
compensation except from persons who en-
ploy him to watch their stores, mills OF
dwellings, was injured shortly before mid
night February 16, 1903, by stepping into
hole in the sidewalk on street north
west near 18th street. At the time 1t was
SHoWliiS dilu the SlQeWplh was tcSCiSu WAN
snow. klopfer sustained fracture OF his
leg. The jury was directed by the trial
court to return verdict for the District.
The District contended that the plalntin
had been guilty of contrbutory negligence
and that he was a policeman in the Dis
trict's employ, and therefore not entitled
to recovery on the ground that in taxing
his place he took the risks of the Dis
trict's negligence.
The Court of Appeals takes the view that
Mr.. Klopfer was only a special policeman
for special purpose and not subjected 10
the performance of the general duties OF
a policeman in the ordinary sense OF that
term. He was not required to keep in re-
pair the streets within his beats, and what
ever duty there was upon him with regard
to the sidewalk he fully performed when
he reported the. condition at the nearest
police station. Thereafter he was as much
entitled to recover for any injuries that
might be suffered by him as any other citi-
zen would be-
Wilson Gray Hawley, appellant. against
the Columbia Railway Company; judgment
reversed, and cause remanded, with dlrec-
tons to award new trial opinion by
Mr.. Justice Morris. The suit was to re-
cover damages for being struck by car.
through alleged negligence of employees of
the railway company.
In the trial court a verdict for the de-
PENDANT was ordered, on the ground of con-
tributory negligence the part of the
plaintiff. The Court of Appeals holds that
there was ample evidence to go to the jury
on the question of the defendants negli-
gence is too clear to need elaboration
Frank B. Swart, appellant, agt. Joseph 8.
Justh; Judgment affirmed; opinion by Mr..
Chief Justice Shepard. The action was to
recover damages for personal injuries sus-
tained by Swart through the negligent acts
Of the agents of Justh.
Susanah A. Crandell, appellant. agt.
Constance Classen; judgment affirmed;
opinion by Mr.. Justice Duell- The appeal
was from judgment entered upon the
-ardio nf inv In, fnyyn Of rrxs
$780, less $780, received by Classen from
one Browne from funds placed In his hands
by Crandell. The Court of Appeals holds
that there was no error in the trial court.
Ethel Kellogg, by her guardian, Carrie
8. Kellogg, appellant. against the Mutual
Life Insurance Company of New York,
decree affirmed with costs: opinion by Mr..
Justice Duell. The appeal was from a
decree in equity sustaining bill of inter-
pleader filed by the appellee.
Annie c. Guthrie, appellant, against Jane
E. Welsh and Robert. Boucher, order at
ceedlngs. Opinion by Mr. Justice Morris.
The question involved was whether the
Supreme Court of the District of Column
bia had authority under the law to re-
move collector whom it has appointed
for the estate of a deceased person pend
ing proceedings over caveat that had
been filed against the will of such de-
ceased person on the ground that such
collector was interested in the litigation
and should be disinterested patty.
The Court of Appeals holds that there
would seem to be no abuse of discretion in
the attempt to find an impartial collector
who has no interest with either party to a
pending litigation.
Henry E. Davis, appellant against Rich
ard w. G. So unders; judgment affirmed;
opinion by Mr.. Jrstiee Morris. The action
was the outcome of a promissory note
tranSa elton, the note being given to the
appellee at Wytheville, Va. in part paw
nent for the purcht Sc of some land in
Virginia by the appellant and seven Others
Elizabeth NJ. Williams, appellant. agt.
Bette G. Williams; order reversed ana
cause remanded for further proceedings;
opinion by Mr. Justice Norris The Court
of Appeals holds that it was error for the
court below to appoint Bette G. Williams
joint administrator with Elizabeth NJ Will
liams, in a probate case.
]. j. Darlington and George w GRAY ex-
ecutors of Philip A. Tracy, deceased appsI-
lants. against Erie H. Turner and others:
Mr.. Chief Justice Shepard The suit was
to recover trust fund. The decree of the
trial court is merely modified so az TO
charge the interest of Erie H. Turner with
the sum of 81 200.
Ellis H. Roberts, treasurer of the Tinted
States, against Charles F. CinsauI and Ida
M. Meyers administrators of the estate of
Gilbert Movers, deceased; decree affirmed;
opinion by Mr.. Chief Justice Shepard
The question decided was that a CON-
tract with an attorney to paw him GER
tain proportion of an amount recovered
upon a clam against the United States and
giving him a lien upon any draft issued
in payment of the claim, is not void under
section 3447, Revised Statutes Of tbe
United States, which prevents tha oss., amo
ment of claims against the government