The Birmingham age-herald., 1908-05-22
ENGINEER COMER IS GIVEN DAMAGES Wins Suit Against City of
 Montgomery WASHINGTON MUST SERVE Supreme Court sustains Sentence of Lower Court in Montgomery
 court-other Decisions
 By Supreme Court.
 
WASHINGTON MUST SERVE

Montgomery, May 21.-(Special)-Th supreme court has affirmed the decision of the lower court of Montgomery gv- ing J. c. Conner, an engineer on the Louisville and Nashville railroad, a yer dict of $50O against the city of Montgom- cry for injury resulting from falling into an old sewer. The sewer was covered over, and the complainant went through when he stepped on the surface of the ground just over it. It was shown that the blanks were hidden and rotten after long use, and that being out of sight there was no eontributory negligence.
 John Washington, given 10 years in Montgomery county for killing John Mc- Daniel, must serve his sentence Wit Humphrey of Tuscaloosa must serve 20 years for assault on Annie Grim, and W. A. Young, held on habeas corpus in Birmingham, and wanted in Georgia, will be turned over to the officers of that state. It is also brought out that the clerk of the police court of Birmingham has right to issue warrants, the right being questioned by Organ Wick of that city.
 The full list of todays decisions fol- low:
 Tyson, c. LA. P Hill ct al vs. H. P. Houk ct al, as trustees, etc, appeal from Jackson chancery court; affirmed.
 Haralson, J.-John Washington, alias, etc, vs. state of Alabama appeal from Montgomery city court; affirmed.
 J. F. Layton vs. George L. Campbell, appeal from Henry probate court; re- versed and remanded.
 Joe Morrison vs. state of Alabama. ap f,.Or atf fl
 Colia Thomas vs. state of Alabama, ap peal from Jefferson criminal court; af- firmed.
 Dowdell J.-Commissioners court of 'DeKalb county vs S. s. Wilborn, appeal from Dekalb circuit court; reversed and rendered.
 Simpson, J.-William P. Roberts vs. English Manufacturing company, appeal from Mobile circuit court; affirmed.
 A. w. Blue ys. M. W. Blue, as admin istrator, etc. (and cross-appeaD, from Montgomery probate court; affirmed.
 Charles W. Haden vs. Alex Troy, sur viving partner, etc., appeal from Mont gomery city court; reversed and re- manded.
 Greer & Walker ct al, vs. Liipfert Scales company, appeal from Geneva cir cult court; affirmed.
 N. B. Johnson vs. B. J. Hataway, ap-
  f1rmed, Simpson, J., dissenting.
 S. J. Tillman vs. state of Alabama ex rel Alex Cross, appeal from Bessemer city court; reversed and rendered.
 Arthur Welch vs. state of Alabama, ap- peal from Jefferson criminal court; re- versed and remanded.
 Ex parte John Bonnefield, petition for writ of error, etc., in supreme court; former order of this court herein set aside and annulled and judgment here rendered granting the petition to the ex- tent Of setting aside the Judgment of con- viction, but ordering that the cause do now remain on the docket of the circuit court of Cleburne county.
 Denson, J.-City Council of Montgomery vs. J. c. Conner, appeal from Montgom- cry city court; affirmed.
 James J. Vim, Jr., ct al., vs. M J. Me- Craney ct al, appeal from Barbour cir cult court; affirmed.
 Wit Humphrey vs. state of Alabama, ap- peal from Tuscaloosa county court; af- firmed.
 Gran Vick vs. state of Alabama. ap- peal from Jefferson criminal court; ap- peal dismissed.
 w. H. Young, alias, etc., vs. state of Alabama, appeal from judgment and or der of judge of city court of Birming- ham on habeas corpus proceeding, deny ing discharge, etc.: affirmed.
 Margaret J. McDaniel ct al. vs. Louis vile and Nashville Railroad company, appeal from Tuscaloosa county court; af- firmed.