The Montgomery advertiser., 1906-07-07
SUPREME COURT ADJOURNS;
 THIRTY-THREE CASES DECIDED


 fort is making to save his life. In an opinion by Mir. Justice Ander- son. handed down yesterday. the judgment of the Walker County Circuit Court was reversed and the ease was remanded for new trial The re- of the court and the refusal of Super nnmerary Judge A H. Alston. who was presiding. to allow certain evidence to go to the jury.
 The Bibb County Circuit Court was affirmed in its decision that ]. M. Gray, Chief Mine Inspector Of the State, has the power to require mining companies to provide two openings to their mines and at such places as he may direct.
 Tho case was that brought by the Howells Mining Company against Mir. Gray. The decision of the highest court was written by Mir. Justice An- derson,
 Must Not Obsfruct Streets.
 MT. Justice Tyson decided a neat point at sss,le between the Sloss-Shef- field Steel end Iron Company and C.. Atweli Johnson of Jefferson County. when he held that a corporation has no light to obstruct a street or high Way to the .siriment of adjacent prop erty owners. It appears that the steel and iron company had dumped slag into streets near the property of Mir. John son. He won his suit against the com pany In the Chancery Court of Jeffer- son County The matter was appealed to the Supreme Court where the lower court was yesterday affirmed
 The opinion of Mir. Justice Tyson holds that a property owner, whose property is in close proximity to the obstruction which a corporation puts into a street, cannot be made to take more circuitous route to reach the city or wherever he chooses to go, and therefore he has right to stop any further obstruction by resort to the courts.
 The Supreme Court acted upon a number of applications for rehearings, many of them being denied. Among these was an application in the case. of Tom Benjamin. Montgomery negro. condemned to death Benjamin killed another negro in the southwestern part of the city some time ago. He is In the county jail. The date for his hang ing has not been fixed
 Rehearings were denied the Western Union Telegraph Company in the suits against them by ]. W. Long of DeKalb County and Mattie E. Manker of Jefferson County. Each of these lit- igants secured verdicts against the tel egraph company for failure to deliver teiegrams and the Supreme Court af- Hrmed the Judgments.
 The court also overruled an appiica- ton for rehearing of the case of Bishop Edward F. Allen of Mobile against Frederick c. Bromberg, which came up from the Chancery Court of Mobile. The case was decided by the Court several weeks ago.
 The application for a rehcarinR of cross appeals in the case of the South and North Alabama Railroad Company was continued.
 List of the Opinions.
 A full list of the opinions handed down Is as follows:
 Tyson, ].
 M. A. Clay, vs The State of Alabama, appeal from Jackson circuK court. re- versed and remanded.
 The State of Alabama ex rel, John Gamble ys. c. J. Hubbard, appeal from Pike circuit court, reversed and ren- dsred Haralson and Denson. U. dis senting..
 Adam H Barnes vs Annie L. Morague appeal from Gadsden city court. affirmed
 sloss- Steel and Iron Gonna ny vs. c. Atwell Johnson, appeal from Jefferson chaneery court, affirmed,
 Charles E. Fuller, ct al. vs. M F Varnum, appeal from Houston chaneery court, affirmed.
 Christie, Lowe and Hayworth vs A. P. Patton, appeal from Tuscaloosa cir cult court, reversed and rendered.
 Preston Lee. ct al. vs. Iron Belt Mer- cantile Company. appeal from Calhoun chancery court, reversed and rendered.
 D. H. Riddle vs Rola Ragan, ct al. appeal from Clay county court. affirm ed.
 Michael Kelly vs. Louisville and Nashville Railroad Company, appeal from Jefferson circuit court. reversed and remanded.
 Sam Giibreath. ct al. vs. T. L. Bar row. appeal from Marshall chancery court, affirmed.
 Ex-parte Charles Ossie, petition for habeas corpus. petition dismissed with out prejudice.
 will Fuller vs The State of Alabama, appeal from Bibb circuit court, affirm ed.
 Charles ossie vs. The State of Ala bama, appeal from judgment and order of the judge of the criminal court of Jefterson county, on habeas corpus proceedings, denying discharge, revers- ed and remanded.
 H Levystein vs Gerson, selisman and Company, appeal from Montgom- cry city court. reversed and remand ed
 Maggie c. wtnkieman vs. Frank S. White, ct al appeal from Birmingham city court, affirmed.
 Dowdell. J.
 Tom Pointer vs. The State of Ala bama, appeal from Walker law and equity court, reversed and remanded.
 R. D. Smith. vs. John Vary, appeal from Jefferson chancery court, affirm ed
 Permelia stulI Graham vs. City of Tuscumbia ct al. appeal from Colbert circuit court, reversed and remanded.
 Denson, J.
 Lula Hamilton vs. The State of Aia- hama. appeal from Walker law and equity court. reversed and remanded.
 Simpson, J.
 Olivia Saunders vs. Tuscunibia Roof ing and Plumbing Company, appeal from Colbert circuit court. affirmed
 Jim Knight vs. The State of Alabama appeal from Coosa circuit court re- versed and remanded.
 John Parker, vs. The State of Ala bama, appeal from Coffee circuit court,
 Lewis Taylor vs. The State of Ala banla, appeal from Hale county court, reversed and rendered.
 l. F. Hooper vs The State of Ala bana. appeal from Marshall circuit court. reversed and renlanded.
 IMla F. Harton vs. Town of Avon dale, appeal from city court of Bir- minghan.. reversed and remanded.
 Ed Garth pro ami vs. North Alabama Traction Company. appeal from Nor gan circuit court, affirmed.
 Nathan Knight vs. The State of Ala ban,a. appeal from Pike circuit court. affirmed.
 Anderson, J.
 Howelis Mining Go. vs. John M. Gray.