The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-05-09
l. AND N NOT IN CONTEMPT
Writ Of Prohibition Restraints En-
forcement Of Custer Order.
Suit for Damages Against Railroad
for Death of One Dykes In Butler
County Sent Back for
Fourth Trial.

stakeholder OF the South and North
Railroad sought to prevent the con-
troll of that railway by the Louisville
and Nashville are terminated COM
pletely by the decision rendered by
the Supreme Court yesterday in the
case of ex parte, Louisville and Nash
willie Railroad Company a petition for
supersedeas, in which the court award
ed writ Of prohibition asked against
the City Court of Montgomery.
The writ awarded yesterday pro-
hibits the City Court of Montgomery
from citing officers of the Louisville
and Nashville to appear and show
cause why they were not in contempt
OF the court for failing to observe the
Courts orders ousting the Louisville
and Nashville from the control of the
South and North. The decision of the
Supreme Court yesterday adds little of
interest. to the history of the case, as
1t merely makes a formal ending of
proceedings which was practically
accomplished In the opinions handed
down by the Court Monday.
The writ of prohibition by the Su-
preme Court yesterday was subsequent
TO suit, filed by Mr. Gray and others
to deprive the Louisville and Nashville
Railroad Company of the control of
the South and North Railroad. of which
1t owned about ninety per cent. of
the stock. The complainants set up
that the South and North Railroad
was not secured in accordance with
the laws of the State. On the trial
of this suit, in the City Court of
Montgomery. Judge A. D. sayre sus-
tanned the plaintiffs plea, and an or
der of custer of the Louisville and
Nashville from control of the smaller
road issued.
To this Judgment the officers of the
Louisville and Nashville Railroad
Company paid no heed and they were
duly cited to appear before the City
Court of Montgomery and show cause
why they should not be held as In
contempt of the Court. The OFFICERS
then appealed to the Supreme Court
for writ of prohibition against the
CITY Court of Montgomery which
would prevent the execution of the
order of the lower court. The writ
was awarded yesterday and will act
as stay on the contempt proceed
1ngs.
Reversed for Third Time.
Three times before the Supreme
Court the appeal case of the Louisville
and Nashville Railroad Company
against W. L. Perkins, as administra-
tor, was again reversed and remanded
by the Court yesterday. The case is
suit of the administrator of one
Dykes, white man, who was alleged
TO have died as a result of injuries
suffered at the hands of employees of
the defendant company.
Perkins. as administrator, brought
suit for damages in the sum of $780,
900. Upon the first trial damages of
$4,000 were awarded; upon second trial,
after reversal, damages in the sum of
$4,000 were granted by verdict of
the jury; and upon the third trial,
in which Judgment was reversed and
do
awarded were $4,000.
The case came up to the Supreme
Court from Butler county.
1t was alleged that Dykes purchased
q ticket on the Louisville and Nash
VILE Railroad from Mobile to Geor-
was stated that he was forcibly elected
from the train, while it was in mo-
ton, by employees of the company.
He was badly injured, the defense
claimed, and lay with his legs in a
pool of water for twenty-four hours,
the weather being very bitter, AS a
result of his injuries and the expos
ure. 1t was claimed, Dykes died
The case has been bitterly fought
and a charge of perjury against a
witness in the case has added to its
sensational features.
$50 for Wolf Bite.
If you have wolf and let him bite
effect of a decision by the Supreme
Court yesterday in affirming the judg-
ment of the Gadsden City Court. which
awarded E. T. Miller of Alfalfa. dam
ages in that sum because a wolf which
Hays was leading bit Miller. Hays, 1t
was alleged, was leading a wolf by a
rope, chain or string" and so man
aged and controlled" the animal that
1t had an opportunity to chew at least
once upon Miller who sued for $500
damages. The lowest court awarded
$50. which upon appeal, the Supreme
Court affirmed.
The appeal of s. J. BrintIe against
Woodlawn, a municipal corporation,
was dismissed by agreement at cost of
WOODLAND. The case was the result
of an election upon the issuance of
sanitary sewerage bonds for $4,000 .
Brintle sought to prevent the issu-
ance of the bonds on the grounds that
the election had not been properly CON
Quoted and the issuance would be H.
legal
Mobile Banana Case
The supreme Court affirmed the an
peal of Jack F. Ross VS.. the American
Banana Company, appealed from the
Mobile Chancery Court some time ago
In this case, Ross, a stakeholder in the
American Banana Company, filed a pc
tition that the American Banana Com
pany be dissolved, the holdings of the
company sold. the proceeds divided
among the stockholders, and all expend-
lures of the company be charged to
Herbert l. Mcconnell, promoter of the
company.
Mcconnell. according to the petition
by Ross, was promoter of tho company
and represented to prospective purchas-
ers of stock in the company that he
(McConnelD, owned considerable tracts
of land in the Republic of Panama; that
this land was exceptionally well adapt
ed to the cultivation of bananas: that
Ava cornell also owned tram roads then
in operation on this property that the
property was then being operated as
a banana farm, and that Mcconnell had
secured his title to the land from the
government of Panama.
The petition further alleges that 1t
developed later that Mcconnell did not
own the property claimed and that the
land located where Mcconnell claimed
his grant to be, was not even under the
Jurisdiction of the government of the
Republic of Panama.
The number of Mobile business men
connected with the corporation makes
the case one of great Importance there
List of Opinions.
The Supreme Court handed down
opinions in the following cases yester-
day:
Tyson. c. flames A. Collins VS..
w. S. Smith. appeal from. Jefferson
Chancery Court, affirmed.
Dowden, J-Harry Rensford, admin
A and