The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-11-23


settled rule in equity. says the court
mat II a trustee purchase claims against
: the true estate at a discount the pur-
chase shall enure 20 the benefit of the
interests which II IS his duty - protect
The decision involves TIE disposition OF
1900 with compound interest for more
than forty years, subject 70 credits OF the
small sums paid FOR certain claims by
the receiver The assgnees or heirs OF
william J. Paul are entitled to and will.
ms result OF this decision. receive the
residue. amounting 20 a considerable sum
Alleged Breach of Contract.
In the case OF Duke. etc. VS. Norfolk
and Western Railway Company. a suit
growing out Of alleged breach OF con-
tract for furnishing railway ties the
plaintiffs claimed a sum in payment OF
ties delivered after the termination OF
the contract without cause. and also dam
ages growing out OF the fact that the
defendants refused 20 receive ties which
were offered them at contract price bv
the plaintiffs The question as 70 what
was reasonable notice Of the termination
OF the contract IS discussed at some
length. the appellate court holding that
This was for the jury 70 determine The
court held however. that the trial court
erred IN us instruction % the fury as to-
tie amount 20 be recovered on the tics
the difference between the contract r,rioe
ana the market price. II Is held thar
the plaintiffs are entitled 20 recover tho
adherence between the contract price and
tne cost OF making and delivering such
The Judgment OF the Circuit Court ~
warren county is reversed and the cause
renandef for trial 20 be had IN accord
aHce with the views set forth I'm the
IN the cause % the Norfolk ana Wet
ern Railroad vs.. McDonald's adr1inistra-
trix. from the Circuit Court % Clarke
county. the opinion OF the court being
written by Judge CardweU the fudgment
or the trial court g. reversed and the
cause remand ~ for a new trial The
court holds that the trial court erred in
overrulng the motion OF the defendant
company 20 set aside the verdict Il is
further stated that the evidence proves
no more than that the occurrence. result
ing In the injury and death OF Melon
aid, was an accident. pure and simple
for which the defendant company could
not either n Jaw or justice be held re-
f. sponsihle. The PLAINTIFF failed 70 estab-
lish negligence on tho part OF the de-
PENDANT COMPANY
In the case OF Lane Brothers Us. Seak-
ford. from tps Circuit Court Of AIbernarle
county the judgment OF the trial court
IS affirmed. Seakford brought this action
20 recover damages FOR injuries received
by him, which II was alleged were caused
by the negligence ~ the defendant. now
the appellant. Seakford. an employe OF
the company. engaged in the business OF
building railroads. was injured by dyna-
mite while in the discharge Of his duty
in operating a hosting engine. The ex-
plosive had been placed dangerously near
a fire by which the plaintiff had started
70 warm himself The court holds that
the declaration in the case is sufficient in
law and sets out A good cause OF action.
The appellate court sustains the insrruc-
tons offered by the trial court.
Opinions Handed Down.
The following opinions were handed down:
BY james keith president;
Herring vs. Wilton. Circuit Court OF Rock
ingham county. Affirmed.
Company vs.. Reverronio. Circuit Court Of
Kent vs.. Kent Circui, Court Of wythe
Duke vs. norfolk and Western Railway
Company. Circuit Court OF Warren county.
Chesapeake and Ohio Railway Company
vs Farrou-s Administrator. Corporation
Court OF city Of Buena Vista Reversed
BY Judge r II Csrdwell:
Atlantic Coast Line Railroad Company. State
Corporation Commission Affirmed
city Of stanton. Affirmed
Shenandoah Land and Anthracite coal Com
pany Clarke. Circuit Court OF Augusta
county. Affirmed.
Norfolk and Western Raliwey Company IS.
McDonaId's AdIninistratr1x. Circuit Court OF
Clarke county. Reversed
Blacks Adrninistrator vs. Virginia Portland
Cement Company. Clrcuit Court Of Augusta
county. Reversed
spe. General Receiver. etc. Taylor. etc.
Circuit Court Of Rockingham county. Re
BY Judge John A Buchanan:
Stonega coke and Coal Company Va. LDgis-
Vile and Nashville RaIlroad Company Cir
cult Court OF Wise county. Affirmed.
BY Judge George N Harrison:
Blua Ridge LSht and Power Company
Tutwiler. Circuit Court Of Augusta county
Lane Brothers Company vs.. sealsord. Cir
cult Court OF Albemarie county. Affirmed
Low Moor Iron Company La Banca'e Ad-
ministrator. Circuit Court Of Craig county.
Roller vs. Paul Circuit Court Of Rocking
ham county AFFIRMED .,.1 d ,,,,.,..,..
d aam ~ S X ss 56s1 S ais Circuit
Court OF Augusta county. Writ Of error dis
elem vs. Givens's Executor ct ala Circuit
Court OF Augusta county. Reversed.
sullivan W. Gum, sherin. OF ais Circuit
Court Of Bath county Reversed
Knights OF columbus VS. burroughs Cor.
poration Court OF city OF AleNandria- Writ Of
Thaddsis Jordan Trustee Of Universalist
General Convention ct ais Circuit Court OF
city Of Norfolk Appeal and supeTsedeAS-
Finch ct Ct ais vs.. causey' s woodward. Cor
/ p ration court Of Newport News Appeal and
sUpersedeaA Bond. 500
Tailafsrro shepherd. Law and Equity
I Court OF city Of Richmond. VIII OF error and
supersedeas Bond. 800.
C.hancery OF city Of Norfolk. Writ OF error
Due Duckstt ' W. stevens. Circuit Court Of Eau
quer county. Appeal and superSeaeas' BONO
[ $50.
J CITY OF Newport News Appeal and superse-
IDEAS. Bond $50
/ Commonwealth vs.. Trustees Hampton Normal
ana Agricultural Institute Circuit Court OF
Flizabeth city county. Writ OF error and su-
persSdeas. No bond
| I,y-nchburg Light and Traction Company VS.
CuIl Circuit Court OF city Of Lynchburg
Writ OF error and supersedess Bond. $500.
J Miller vs.. Ferguson a al Circuit Court OF
l VVvthe county. Appeal. Bond 800.
| watts vs. Commonwealth. Corporation Court
/ Of CITY OF Danv1lie Writ OF error and super
sefieaa Bond. $40
/ narv circuit Court OF city OF Richmond.
I VIE OF error and supersedeas. Bond 81 0O0
! T3royVder Vs.. Southern Railway Company
/ Circuit court Of Brunswick county. Writ OF
I error Bond, $500.
/ f,trnefts vs. Young Circuit Court OF Hen
rico county. Writ OF error and supcrsedeas
Bond, $500.