The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-03-22
'MANDAMUS.|SSUED
IN NORFOLK Case
Road Board Compelled to Pay for
Work Done Oh High
way. 4
SUPREME COURT ADJouRNs.
Rcversals in Two Cases Pre-
viously Argued Days
Proceedings.

GTOCccQlISS.
Only two decisions were handed
down yesterday by the Supreme Court |
of Appeals, both Of these being re-
versals. During the day mandamus
was granted compelling the road board
of Norfolk county to pay claim for
services rendered, although the defense
was that the cash was not on hand. At
the conclusion Of the days business
the court adjourned to meet at Wythe-
vile on May 81 for the summer term.
The Norfolk county case Is an in
teresting one G. II. Kinks. through
his attorneys, appeared and asked the
court for peremptory injunction to
compel the road board to pay him the
sum of $1,000 for work done and ma
tcrial furnished on road in Tanners
Greek N1agistera1 District. He set
forth that the work had been fully APP
proved and the account verified by
+. l. Portlock the road engineer Of
the county, on December II. 1909.
Kinks said that he does not know the
reason why the claim has not been
paid. and that no explanation has been
given him.
No Cash on HIND.
In his response. Colonel r. G. Mar
shall, the Commemorative attorney,
for the board, set forth that there
We're no funds for the purpose indi-
Gated on which a warrant could be
drawn. and that Kinks had been so
notified. Further. Colonel Marshal
commended that the board was not re-
quired to pay this money Immediately
l. =
was against public policy, he urged to
issue warrants when there was no
money to redeem them. causing the
paper to be hawked about to the dam
! age of the credit of the county.
Having considered the matter the
court ordered, peremptory writ to.
issue against John A. Codd, chairman.
of the board Alvah H. Martin, Its
clerk: John A. Codd, l.. NJ. Nicholas.
II. c.. Gornto. r. NJ Miller, w. S. john
son and Willoughby Lynch. members
of the board compelling them to issue
a warrant on the county treasurer for.
tho full amount, requiring the chair
man and clerk to sign 1t and the latter
to deliver 1t to Kinks. Further judg-
ment for costs Is entered against the
respondents in favor OF the petitioner.
Both of the decisions handed down
| in cases previously heard were by
I Judge Buchanan. One of these is in
! Bragg's administrator against the Nor
folk and Western Railway Company,
from the Circuit Court Of Rockbridge
l county.
| Died of Exposure.
1 The trial court sustained a demurrer
i to the declaration in this case. Bragg
i was a telegraph operator employed at
Loeb Laird, a station near Buena Vista
He went to Roanoke on trip pass.
Boarding the train to return to Buena
/ Vista. he seemed to be under the In
i fluence of liquor. He was carried be-
Il You'd his station, and was forchly
4 elected later on. Apparently he was
not able to care for himself, but wan
1 dered about in the snow, which was
described as being fifteen inches deep.
i until he was overcome by cold and
exposure. He died tho same day.
The station agent at the point where
4 Bragg was put off the train is quoted
as saying that he did not have time
to bother with crazy or drunken
man.
The court. in reversing the case,
said that 1t did not consider the car
i rylng beyond the proper station as
4 negligence SO far as the issue was
concerned. since it was not the proxi
mate cause of death. However. 1t is
held that the station masters duty
i was to care for the man, II he noted
!. that he was unable to take proper
care OF himself The opinion says:
Regard for Human Life.
4 ct is well settled that all persons
in the exercise of their rights, or in
the performance Of their duties, should
exercise their rights or perform their
! duties with reasonable regard fol-
, the preservation of human life and the
! prevention Of serious bodily harm OF
, the inniction Of unnecessary injur!
:. upon others. and that as a genera
rule they may be held responsible fol-
!, the manner in which their rights are
3 exercised or their duties performed
In the other case that of Grinnels
against Daniel, from the Circuit Cour
of eAIiddleseX county. an Injunction Is
5 granted. Daniels predecessor in bus.
> mess had leased from Grinelss father
a piece of ground fronting on the Rap.
!, pahannock River "A breakwater hat
been constructed there, and two build,
X ings had been erected, upon which
q Daniel is conducting various kinds OF
business. The contention Of Grinels wa:
that this was a violation Of the lease
& which was, 1t is said, for the specified
4 purpose Of dealing in and barrellne
oysters and crabs.
The Supreme Court enters an order
A restraining the appellee from carry
ing on any business other than sucl
barreling, and remands the matter t
I the Circuit Court to ascertain tn
a amount OF proper damages in thu
( premises.
Days Proceedings.
The case OF the Norfolk and Occal
} View Railway Company against tn.
!. Consolidated Turnpike Company, be
gun Saturday. was argued by T.. r
Williams for the plaintiff In error ant
\ by c. II. Burr and N. I. Green@fol
4 tho defendant In error, and submitted
The last case. that OF Wlckhnm AM
4 Northrop, receivers. against Green
j was argued BY Henry Taylor Jr, fol
\ the plaintiffs In error and by p. G
l OFlaherty and M. j Fulton for the
/ defendant interror. and submitted.
Court then Adjourned to meet q
I Wythevllle on May 81.
CHASED MANY BLOCKS ..