The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-03-15
Important Opinions Handed
Down By Supreme Court OF
North Carolina.
LAR GER GOV ERNMENT HOUSE 81
Representatives III Congress Are
Called Upon to AZ. At Once
Introduce Bills.
So 'lt = "a 4 4, : III
(spccial to Thegrimcs- Dlspatch0l

! ~
batch OF fifteen Opinions delivered las
evening by tho Supreme Court, by ODDS
tho most interesting was Mast vs.. sapp,
from Forsythe, involving an unusual
point of Inv, the opinion ordering a new
trial on account OF error In the trial
below. Chief Justice Walter Clark files
an opinion dissenting from the majority
of the court aud insisting that tho origi-
nal trial should be sustained.
In November, 1904, the reservoir burst
In winston aud destroyed number OF
residences and other property and killed
several people. Mrs. Anytime PEBBLES
lived in a little house close by tho reser-
lvoir with her husband. a son and a step
son. She owned tho plnce. The Impact
of tho water pouring out Of tho reservoir
smashed the house. The two boys were
rescued The woman and her husband
were found dead under sthe debris. D.
r Mast was appointed guardian OF the
son and II. o. Snpp administrator OF the
mother. Tho city paid $4,000 dollars to
the administrator for the death OF AIRS.
PEBBLES and agreed to pay ss65 for dam
ago TO tho property. Tho dispute arose
over whether this should so to MIST, AS
guardian Of the son. or to Sapp. as adj
ministrator OF the mothers estate. And
tho issue was as to whether or not Mrs.
PEBBLES lived ut all after the damage FOR
which the money was paid was done, or
did she survive the destruction OF the
property. Tho jury held that she did
not. thereby deciding the case In favor
OF Mast. rs guardian of the boy. and
that the title had passed to the heir
when the damage was done.
WALKER WRITES OPINION.
Justice Walker. writing tho opinion OF
the court, holds that the liability OF the
city for damages begaa the instant the
waters from the bursted reservoir in
vaded the premises and broke in the end
OF the house. being liable for all the en-
suing damage ut once, so the admins
traitor was entitled to recover all dam
age. since Mrs. PEBBLES must have been
living and formally administer on 1t
The court holds. further. that the issue
was improperly drawn; that it was not
whether Mrs. PEBBLES survived the de-
struction Of the property. but whether
the damage was committed before or
after her death; that the plaintiff must
show that hts ward was already come to
his inheritance when the damage was
| done. A 81
In another case. State vs. Piner. from
Fender county. the court sustains the
lower court in fining Piner for selling q
gallon of winci htdb he made ! from
| his own vineyard: II here is a speciaE net
for Pender.i prohibiting the sale of any
| intoxicant in the county, Piner pleaded
| the general law. which allows the sale
of wine made from grapes grown by the
maker. 1t being enacted for the encour-l
agement OF making domestic wires. The
court holds this general law cannot ap-.
| ply In counties where there arc special
acts prohbitory.
ENLARGE GOVERNMENT BUILDING.
The Raleigh Chamber OF Commerce
and Industry last night adopted reso-
luton calling on the North Carolina dele
cation, especially Senator Simmons and
Congressman Pou TO introduce at once
a bill carrying an appropriation for the
enlargement of the present government
! building here, which Is declared to be
entirely Inadequate. having been built In
1873; and also to Introduce bill for the
appropriation of money to macadamlze
the road from the city limits out OF New
Bern Avenue to the Federal Cemetery.
The avenue to the city limits has been
we'll paved, and it is now up to the gov
eminent to carry on the good work to
the National Cemetery. "A movement of
the kind was on foot some years ago, but
fell through because the city. had not
paved the street TO the city limits
A resolution was introduced. but,
having elected considerable discussion,
went over to the next meeting, declaring
in favor Of an equitable extension of
lsthe city limits In. all directions from
Capitol Square. This Is movement
which always brings on hard fight
and several movements,of the kind have
been heretofore defeated.
Governor Glenn this morning issued an
order for a. special term of WI likes county
Superior Court for the trial OF civil
causes, to be- convened June 18th by
Judge ". b. Council and continue two
weeks. The court is called because of
tho congested condition, of the docket.
A charter is issued for Kingsdalc Tur-
pcntinc Manufacturing Company, Of
INngsdale, capital $40, 900, byiII b. Smell,
n