Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-03-22
COURT OF APpEALs.

Thit relatives OF q national employe
travelling on q pass and elected from a
tlsin 10 a strange locally, where he
psrished from exposure, can recover
damages from The railroad was tle
essence OF tbs Court OF Appeals decision
in the care of james Briggs admin
istrators sgsinst the Norfolk and West.
Era Railroad, handed down yesterday.
BsPg did in the snow somewhere
near Buens Vista and Roanoke on
Oh,iamss Day, 1903, as & result, It is
said, OF being forcibly thrown from
Norfolk and Western train for Inebriety.
His wife 6led suit sgaiuss the railroad.
The Circuit court of Rockbridge de-
clared there was no right Of action. The
case Was appealed, aud Was folly argued
several weeks ago.
Iu the opinion of the court, Judge
| Buchspsn said: "When the defendant
Norfolk and Western 90 found 1t had
carried him beyond bis point of dsst pa.
ton, It bad the right to put him of tho
train, though II it we're negligent In car
ryiug him beyond his station, 1t would
have been It's duty to return bin ID that
point. Bot il 1t knew that be Was 10 3
helpless irresponsible condition ia put
ting the man of, 1t shouldn't have
exercised its lawful right to remove bin
ST TIE place aud time, aud under the
cIrcun stances where be weuld be ex-
posed TO great hazard" The decision
Of the Circuit OouIt, by which the
relatives OF the operator we're denied
redress, was reversed and second heal
log Of The case ordered.
The court slso reversed the Middlesex
ccur., which decided against Samuel
Grioels, who sought to remove George
w. Daniel from bis wharf on the Rap.
pabanuock river. Grlnels runs mer
CATTLE tt)re In Middlesex way. H
had some land fronting the river and
Daniel rented part OF the wharf be erect
cd on 1t from him to barrel and pack
Oysters and crabs. Later 90, however,
Daniel 10 sald 10 have engaged 10 the
ssme business IS Grinels, much 10 the
a!tei's dlsplessure. Suit was brought
to restrain Daniel from conducting
general store beeeule the wharf property
Vas leased to him for no other purpose
than 10 barrel oysters and crabs. The
lower curt decided that Griuela could
not compel Daolel to desIst 10 competing
with him. The court Of Appeals re-
versed that decision, aud not only order
ed another hesring Of the case, but In
iimsted that M Grinels might recover
dsmsges.
The following petitions for appeals
we're fled:
Cabin Branch Mining Company We.
Hutchinson's administrative. Circuit
Court OF Prince William county. Writ
Of drror aud sup ersedas. Bond, 81. 600.
Gbney We. Arlington Brewing Oou- E
psuy. Circuit Out of Alexandria
county. Writ of error. Bond 5000.
Campbell VS.. Commonwealth Circuit
Ooult Of Fairfax county. Writ of error
refused.
Washington Southern Railway Com
psuy VS.. Swamp. Circuit Court OF Alex
audrls county. Appeal refused.
The following is summary OF the
other proceedings 10 The court yesterday.
Norfolk and Ocean View Railway
Oompauy vs. Consolidated Turnpike
Company. Fully argued and tubmit
ted.
Wickham and N0rthrop, receivers, va
Green. Argued and submitted,
This being the end Of the docket for
the term The court adjourned until The
31st day OF May next at Wytheville.