Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-08

sion Of the will. claiming mental incapacity
and charging undue influence. The will
was sustained by a jury in the Probate
Court, whose action the Appellate Court
approves.
The Brennan Construction Company is
held by the District Court of Appeals to be
liable for damage to the boats and BUSH
ness of Cumberland & Son of Georgetown,
caused by the flowing of asphalt OIL into
the Potomac river. The boat house firm
won the case in the lower court and was
also successful on appeal.
Justice Robb in his opinion said:
'-The defendant company located its plant
upon navigable stream within city limits
and in vicinity of boat houses and docks.
1t know, or should have known, that navi-
gable stream-is a public highway, and that
il any considerable amount Of the liquid
substance escaped it would interfere with
the and enjoyment of that river by
the public
Other Cases Affirmed.
Other cases affirmed by the appellate
court were:
Virginia Alabama Company agt Eisinger,
District of Columbia agt. Brooke, Sand
Filtration Corporation agt. Cowardin and
others, Harten agt Loefler, Slye agt.
Gerdrum, Capital Traction Company agt.
Brown, Jerman agt. Edwards, and the two
patent appeals of Richards agt Burkholder
and Mel agt. Young.
In remaining the case OIL LOSue dSt
Fenning, Chief Justice Shepard directed
the account of the appellee as committee
oe the appellant, be referred to the audltor,
with directions to restate the account IN
respect to the item charging the appeilan!
with cost Of maintenance in the hospital
from February 20, 1908. to time OF his dis
charge.
Chief Justice Shepard also rendered the
opinion of the court reversing the decree
of the lower court in the case of Cro1ssant
agt. the Empire State Realty Company
The auditor is directed by the opinion TO
allow appellants credit in addition to those
given in his account for all sums of money
paid by John d. Croissant as so-called dues
Proceedings after The Stars report closed
yesterday:
No 1896 Howison agt. Mason ct al; Pc
tition for allowance of appeal to United
States Supreme Court submitted by MI
H. P. Blair of counsel for the appellee in
support of motion.
No. 1872. Seeley agt. Seeley; argument
commenced by Mr.. Barry Mohun for appel
liant
No 1850 virginia-Carolna Lumber Com
pany agt Eisinger; judgment affirmed with
costs; opinion by Chief Justice Shepard.
No. 17O4. Morse agt. United States ex rel.
Hine; judgment reversed with costs, and
cause remanded for further proceedings not
inconsistent with the opinion of this court;
opinion by Mr.. Justice McComas
No. ITO. District of Columbia agt.
Brooke; judgment affirmed with costs;
opinion by Mr.. Justice Robb.
No. 1746. Sand Filtration Corporation agt.
ct al with
No. 1927. Harten agt. Loeffer Judgment
affirmed with costs; opinion by Mr.. Justice
McComas
No. 1853. Style agt. Guerdrum; judgment
affirmed with costs; opinion by Mr.. Justice
Robb.
No. 1884. Logue agt. fleming; decree re-
versed and cause remanded In order that
the account may be referred again to the
audi wi tn
in respect of this Item, charging the ap-
pellant with cost Of maintenance In the
hospital from February 20. 1905. to time Of
discharge at the rate prescribed in the regu-
lations of the Secretary q the Interior,
whatever they may be; opinion by Chief
Justice Shepard.
No. 1747 Turner agt. American Security
and Trust Company ct al; judgment at
McComas.
No. NO. Capital Traction Company ast.
Brown; judgment affirmed with costs; opin-
lon by Mr. Justice Robb.
No 11J6. Jerman agt. Edwards; judgment
affirmed with costs: opinion by Chief JUS
tice Shepard.
No. 1883. Penn Bridge Company ast.
United States; Judgment Of Police Court at
firmed; opinion by Mr.. Justice McComas.
No. 1881. Brennan Construction Company
agt. Cumberland ct al; Judgment affirmed
with costs; opinion by Mr.. Justice Robb
No. 1893. Croissant ct al. agt. Empire
State Realty Company: decree reversed
with costs and cause remanded, with direc-
ton to require the auditor to allow appel
lants credit. in addition to those given in
his account for all sums Of money paid by
John D. Croissant as so-called dues; opin-
ion by Chief Justice Shepard.
Patent appeal. No. 40. Richards agt. Burk-
holder: decision of commissioner of patents
affirmed opinion by Mr.. Justice McComas
No. 172s. Mcfarland agt. Barber Asphalt
Paving Company; decree reversed with costs
and cause remanded, with direction to enter
a decree in conformity with the opinion OF
this court; opinion by Mr.. Justice Robb.
decision of commissioner Of patents affirmed
opinion by Mr.. Justice McComas.
Patent appeal. No. AIT. Burson agt Vo-
gel; motion for rehearing overruled.