Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-09-16
ALEXANDRIA AFFAIRS
Liability of Railroads for
Smoke Damage Up Again.
SOUTHERN FILES APPEAL
Mrs. Augustine G. Trist Dead.
Preparing to Dedicate Elks'
New Home.
Special Correspondence of The Star.

Special Correspondence of The Star.
ALEXANDRIA, Va, September 16. 1910.
| Questions of the right of property own
ers to claim damages from transportation
companies because of smoke cinders or
dust are again before the state court of
appeals. The latest case is on an appeal
of the Southern Railway Company from
a decision of the circuit court of this
city, in which Mrs. Alice McMenamin
and her husband, Richard McMenamin,
We're the complainants.
| The house and lot of Mrs. McMena min
are opposite an electric plant, coal chute
and stationary engines belonging to the
railway.
Mrs McMenamin claims that the work
of filling the, engines with coal and of
firing them has caused injury, for which
she seeks damages. She sued for $1,000
and was awarded $3.50 by jury in the
circuit court here.
In it's defense the railway company says
that the tracks of the Washington-South
| ern railway. over which many trains
pass, are between Mr.. McMenamin's prop
erty and the tracks of the Southern, and
that it would be impossible, where there
are two such sources of dust and smoke,
to distinguish whence they came.
1t is explained by counsel for the rail-
way company that it is necessary to have
fuel in order to run an engine, and that
1t is necessary to have coal chutes at
the railway lines, since trains or engines
| cannot be run except on rails. The point
Is that engines cannot leave the northern
terminus of the Southern system, which
Is in this city. without coaling. and the
case is d1sstmiiar to that of roundhouses.
which are not necessarily located at sta
tons. The moment the engines leave the
| roundhouSe. il Is argued. they are en-
gagged in transportation service.
Appeals From Local Courts
in the state court of appeals at
stanton yesterday many petitions for
appeals were presented. Among the
cases from the local courts were the
following: Smith ast.. Smith, corpora
ton court. appeal, bond in sum of $500;
A1arbury ast. Jones and others, circuit
court. writ of error and supersedeas.
bond $500; Washington, Alexandria
and Mount Vernon Hallway Company
agt. Trimyer. circuit court. writ Of
error and superSedeas. bond $1,000:
Southern Railway Company aGt. Nc
Menamin and others. circuit court.
writ of error and supersedcas, bond
$4,000.
Mrs. Augustine Gordon Trist, widow OF
Nicholas Brouse Trist. died yesterday
afternoon at the home of her son-in-law.
II. x. Burke, on Braddock road, Alex
andria county. She had been in ill health
for long time
Mrs. Trist was a native Of New Orleans |
and was about sixty-njne years old. She
leaves five daughters. Mrs. II. r. Burke, |
Misses Lindovka and Hilda Trist and |
Sisters Anita and Blanca.
The funeral will take place from her |
late home at 5 o'clock this afternoon. |
Rev. Father H ]. Cutler, pastor of St. |
Mary's Catholic Church. will conduct the |
services. and burial will be in Ivy Hill |
cemetery.
Mrs. Viola NJ. Mumford, wife of Freder- |
lex Mumford, died this morning at her |
home, 316 Commerce street. She was |
thirty-seven years old and, besides her |
husband, leaves two children Her funeral |
will take place at = o'clock Sunday after |
noon from her late home.
p:ohorJ nooJ