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

Thtt relatives OF a national employe
travelling on pass and elected from a
ttsin 10 a strange locally, where he
psrished from exposure, can recover
damages from the railroad vas tao
essence oil ,hs Court OF Appeals decision
in the Gaze OF james Briggs admin
i.t,ators sgsinst the Norfolk and West.
era Railroad, handed down yesterday.
B,seg did in The snow Somewhere
nesr Bueus Vi:ts and Roanoke on
Oa,i,tmss Day, 1903, as q result, It is
said, OF being torcielY thrown from
Norfolk and Western train for lnebrlety.
His vile 6ied suit sgaiust the railroad.
The Circuit court of Rockbridge de-
clared there was no right of action. The
case was appealed, aud Was folly argu:d
several weeks ago.
In the opinion of the court, Judge
Buchspsn said: sWhen tae defendant
Norfolk and Western %. J found 1t had
carried him beyond bis point of dest Da.
tiop, 1t bad the right to Put him off tho
tain, though il it we're negligent In car.
ryirg him beyond his station, it would
have been lis duty to return him to that
point. Bat il it knew that he was In q
helpless irresponsible condition ia pnl-
ting the man Of, it sbould~not have
exercised its lawful right to remove him
81 the place and time, aud under the
circun stances where be weuld be ex-
posed to great hazard" The Gecision
of the Circuit Oourt By which the
relatives OF the operator were denied
redress, wss reversed and second heal
log Of the case ordered.
The court slso reversed the Middlesex
c5urs, Rhich decided against Samuel
GriDels, Tho sought to remove George
w. Daniel from bis wharf on the Rap
psbannock river. Grinels runs mer-
cattle store in Middlesex way. Il
had some land fronting the river and
Daniel rented part o! The wharf be erect
ed on 1t from him to barrel and pack
c;sters and crabs. Later on, however,
Daniel ia said 10 have engaged in the
anne business as Grirels, much to the
ia.ter's displeasure. Suit vas brought
t. restrain Daoiel from conducting a
general store becau,e the wharf property
mas Leased to him for DO other purpose
than to barrel oysters and crabs. The
lower tut decided that Grireld could
act compel Dauiel to desist 10 competing
with him. The court Of Appeals re-
Vereed tina! decision, and not only order
ed another hesring OF the case, but In
timated that Mr.. Griuels might recover
damages.
Toe following petitions for appeals
we're fled:
Cabin Branch Mining Company va.
Hutchinson's administrators. Circuit
Court OF Prince William county. Writ
OF drror and sup ersedas. Bond, So. 600,
G.bney va. Arlington Brewing Cou :
pauy. Circuit QUIT of Alexandria
county. Writ of error. Bond 5000.
Campbell vs.. Commonwealth Circuit
Ooult Of Fsirfsx county. Writ of error
refused.
Washington Southern Railway Conn
pany vs.. Swamp. Circuit Court OF Alex
audris county. Appeal refused.
The following is Summary OF the
other proceedings in the court yesterday.
Norfolk and Ocean View Railway
O9upauy 7a. Consolidated Turnpike
Company. Fully argued and ,ubmit
ted.
Wickham and Northrop, receivers, va,
Green. Argued and submitted.
This being the cad Of the docket for
the term The court sdj urned until The
3lst day OF Msy next al Wytbeville.