The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-03
Fire Case.

Southern Railway Company rs. Pattsr.4
son, from the Circuit Court of Pitfsyivania
county, Is n fire case, its object being TO
recover damages for the destruction of
wooden warehouse, adjacent buildings
and other property by fire.
There was Judgment In favor of Pat
terson in the Circuit Court upon the de-
murrer BY the railway company TO the
evidence, and this Judgment Judge Whit
ties opinion reviews.
In the statement of facts il is shown
that the warehouse, which was used for
storing kerosene OIL was on Patterson's
land in the vicinity OF one of the railway
company's stations. within few inches
OF the right OF way. and that the fire
was caused by a red hot clinker OF UNI
usually large size, which the evidence
tended to show was taken by the fireman
| from the iire-boX and either negligently
thrown off the tender or allowed to fall
from the foot-board and roll down the
embankment to point from which it
communicated fire to the building.
1t is concluded that from the stand
point of demurrer to the evidence. and
in the absence of any explanation or de-
NAL by the fireman. the initial negligence
of the defendant was clearly established;
and the court says that 1t cannot de-
clare, as matter of law, that tho bare To-
y
ity to the right of way, or the manner of
it's use, constituted negligence per Sc.
The Judgment of the lower court is,
therefore, affirmed.
Contributory Negligence.
In the case of Fewel VS.. Southern
Railway Company. from the Corporation
Court of Alexandria, the decision in the
Supreme Court as 1t was in the court
hell iS h.a
While engaged In trucking freight be-
tween the cars and the depot at 4Nexan-
dria. Jewell, one of a crew of truckma1l,
was injured by the truck with which he.
was working, striking a defective corner
OF one OF the boards used as bridges be-
tween the car and platform, causing him
to fall on the platform.
Judge Harrison, writing the opinion OF
the court, admits to be true the theory.
of Fewell. that tho detective board
caused the accident; but says that the
evidence shows that 1t was the duty OF
Jewell and his fellow-servants to select
the board and put 1t in position for
use: that the defendant company always
kept a supply OF good boards on land.
readily accessible to the truckmen for
whose use they were intendd, and thar
there was a supply on hand on the morn
ing of the accident. 1t Is therefore held
that the injury was due to the negi-
gence OF Fewell or Of his fellow-seryants
In selecting for their use a defective
board, and that the railway company
cannot be held responsible.
New Trial.
Another railroad case is that OF Nor
folk and Western Railway Company vs.
Bell, from the Circuit Court of Campbell
county in which the company obtains q
reversal of the Judgment OF tho trial
court
The bursting of glass water gauge.
which 1t was alleged the company had
on its engine, injured George H. Bell tho
fireman., and he Instituted alsuit for dam
ages.
Witnesses We're allowed to testify at
tn trial as to the kind OF water gauges
in Use on the Seaboard Air Line Railway
and Southern Railway and to testify as
1 to the advantages OF those used by the
latter over the kind used by tho Norfolk
and Western. There were also allowed
to he filed In evidence a blue print en-
dorsed This Is the style of water gauge
used by pennsylvania Railroad and nj
most entirely by Richmond Locomotive
| works on everything they construct. j.
~; Mn and. paper containing a picture
or the gauge used on the Southern Rail-
way; IN. which was stated the advantages
OF that gauge-rthat It furnished 'most
ci.scttYe protection against explosions'
| worknen," s s5 Az
Y his violence is held by Judge Buchan-
ans opinion 70 have been improper, both
DeCuuS 1t IL not GOi1rnet on tC ahnu- l1a