The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-09-11
JUDGE SHOULD NOT
C AUGE EVIDENCE
Contention Made in Appeal That
This Is Matter for
ury.

| How far a Judge should go in his
instructions to a jury in interpreting
the evidence, is involved in a case in
| while a writ of error was granted
yesterday by the Supreme Court of
| Appeals. The petitioner alleges that
in the instance referred to the jurist
worded an instruction in such a man
ner as to decide a question which was
properly a matter for the jury.
| In all, six appeals and writs of err
| ror were allowed yesterday by the
| court. having been forwarded from
| Stanton. where the body is in ses-
| sion.
Maud Allison. an eleven ear-old
girl, who sued by her father, John w.
Allison, Jr., was the complainant in
| the case mentioned. the suit was
against the Mayor and commonalty OF
the city Of Fredericksburg for dam
ages for injuries sustained on the
streets. The jury granted damages to
the amount OF s1.2oo but the COM
plainant was not satisfied with this
evidently thinking that the amount
would have been greater had the in
structions been different.
Lost Her Leg.
|
bridge over a gutter, which had be-
come very much dilapidated. Some
| sort OF affection In her leg appeared
| later, resulting In its amputation.
This trouble was called ''sarcoma,"
and upon it the judge based the in
struction complained of. He told the
jury that If they believed sarcoma
caused the affection which resulted in
the amputation. they should not assess
damages for this. The Judgment was
| given. it is presumed, for other in
| jures.
Another case was that of j. w.
ceivers Of the Bank OF Mecklenburg,
against r. L. Thomasson. The bank.
when it failed held two notes Of
! Thomasson and r. l. Stembridge.
partners. Endorsed by them. 1t was
| alleged that Thomasson had deposit
| In the bank about equal to the balance
due on the notes, and claimed that
he should have credit for this amount
The claim. Of course. was for set-off
as an lndorser. TIE bank denied that
1t had discontinued the notes solely
on the credit of Thomasson, andy al
legged that he and his partner were
fully able to pay the obligation. It
was further argued that to allow the
|
be showing these parties preference
over other creditors. The lower court
decided that the set-off was legal.
Lot Sold Cheaply.
| Harris Jordan secures a writ OF
error from Judgment of the Cor
poratton Court Of the city OF Newport
News. It appears that In 1900 Jordan
sold to Collins Joyner a lot for $500,
The taxes had not been paid for one
year, amounting to s: cents. and the
lot was put up at a delinquent tax, sale
and bought by J. c. Curtis for 81
cents. Curtis, 1t appears, offered TO
sell the lot to Joyner for $50 to clear
his title, but the offer was refused
| Curtis then sold 1t to one Wills
Tucker for $3.50.
Joyner to get his money back. suee
Gordon and got judgment for $500
| Gordon appeals. Technical matters
with reference to the tax sale are IN
| volved.
Exposition Hotel.
The largest amount involved IN the
new cases is in that of the Atlanta
Trust and Deposit Company against
the Union Trust and Title Company
from the Law and Chancery Court o.
the city of Norfolk. The matter aros'
| over the building of the Victoria 10
| "a, ono Of the many enterprises erect
| ed In anticipation of the Jamestown EN-.
nosttton, The hotel company, 1T seems
had $4,000 capital and borrowed SIo.-
900 from the Union Trust and Title
| Company, To make certain OF PROV
Ilien on tho property to secure Its
deht The creditor required of the deb
Tar a bond OF $4,000, which was exe-
cuted with the Atlantic Trust and De-
nosit Company as surety, One Of the
requirements Of the bond was that
the hotel must be completed by May
/, 1907.
anparently money was lacking. for ma
chanics' liens were filed, the court
1 holding that they had priority. The
property was sold to satisfy these
Il. 4.--,-