The Montgomery advertiser., 1908-05-22
cOMER WINS OUT
RAILWAY ENGINEER SECURES
 DAMAGES AGAINST CITY.
Supreme Courts Decision in Case-sen- tence of John Washington Af- armed--Justices Have Ad-
 tourned Until June


 
 Because the Montgomery City Fath- CTS failed to repair certain wooden and ancient gutters on Bell Street in the fall of 1908 and J. C. Conner a Louis vile and Nashville Railroad engineer. stun1ped his toe. abraded hls face and otherwise injured his person. the city treasury has been reduced by exactly $500. That Is the mount of damages that was awarded to Mir. Conner by a jury in the Montgomery City Court and the judgment was yesterday afirus- ed by the Supreme Court of Alabama.
 The City Council appealed the case because the City Attorney was of the opinion that the city was not liable since the Council was not presumably informed of the condition of the gut ter. According to the evidence Mir. Co., mer was walking along the street across which this old-time wooden gut ter ran, concealed beneath the dirt. The plaintiff is a man of heavy build and when he stepped on the surface above the gutter 1t gave way. Tn the col lapse Mfr. Conner was thrown violently to the ground and received injuries that necessitated medical attention and the loss of time from his work. For all of this he claimed damages.
 The Supreme Court held that the di- Iapidated condition of the gutter was presumably known to the Council be- cause 1t had been built of wood and four years had elapsed without its be- ing repaired.
 Another case decided by the Supreme Court yesterday was that of John Washington vs. State of Alabama. the appellant having been convicted in the Montgomery City Court of killing John McDaniei by cutting him with a knife. The sentence of ten years imprison- ment in the penitentiary was affirmed by the higher court
 The following is a cpy of the list of opinions handed down yesterday:
 TYSON. c. J.:
 A. P. Hill ct al. vs H. P. Houk ct al., as Trustees. etc; appeal from Jack son 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. Camp bell. appeal from Henry Probate Court; reversed and rennanded.
 Joe Morrison vs. State of Alabama. appeal from Bessemer City Court; af- irmed.
 appeal from Jefferson Criminal Court; affirmed.
 DOwDELL J..
 connnissfoners' Court of DeKalb County vs. s. S. wilborn. appeal from peKaib Circuit Court; reversed and rendered.
 SIMPSON. J.:
 William P. Roberts vs. English Mfg. Company, appeal from Mobile Circuit Court; affirmed.
 A. W. Blue vs. M. W. Blue. as admin 4strator, etc, Cand 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 and walker. ct al. vs. Lipfert Scales Co. appeal from Geneva Circuit Court; affirmed
 N. B.lJohnson vs. R. J Hataway. ap- peal from Coffee Chancery Court; af- frmed, Simpson. J., dissenting. 6. J. Til1man vs. State of Alabama eS 1 rol. Alex Cross, appeal from BessemeI oity Court; reversed and rendered. Arthur welch vs. State of Alabama 1 appeal from Jefferson Criminal Court | reversed and remanded. Ex parte John Benneneid. petition fol l writ of error. etc. In Supreme Court /, former order of this Court herein set aside and annulled. and judgment her, | rendered granting the petition, to the | extent of setting aside the judgment l of conviction but ordering that tht | cause do now remain on the docket oi the Circuit Court of ClebuTne County DENSON. J.:
 l City Council of Montgomery vs. J. c l Conner. appeal from Montgomery City ] Court; affirmed.
 James J. Vim. IT,. ct al. vs Nj. J McCraney ct a1.. appeal from Barbour l Circuit Court; affirmed. Wit Humphrey vs. State of Alabama | appeal from Tuscaloosa County Court | affirmed.
 | oran Wick vs. State of Alabama ap. 1 poai from Jefferson Criminal Court; ap. | peal dismissed.
 W. 1T. Young. alias etc. vs State oi Alabama. appeal from judgment and or. | der of Judge of City Court of Birming | ham, on habeas corpus proceeding. de | nying discharge. etc; ahlrmed. Margaret J. McDaniel ct al vs L. 2 l N. Railroad Company. appeal from Tus caloosa County Court; affirmed. ! After delivering itself of these opin