The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-03-21
OPINION
AGAINST \. & ".
supreme Appeal Tribunal Reverses
Decision in Case of Operator
Bragg.
STRANGER DIES IN SNOW
Testimony Showed That While Ir-
responsible He Was Put OFF
Train.

That relatives of railroad en-
picye travelling on 3 pass and eject
ed from a train i ma strange locality,
where he persisted from exposure, can
recover damages from the railroad
was the essence of the Supreme Court
III Appeals decision in the case Of
James Bragg's administrators against
the Norfolk and Western Railroad.
handed down Monday.
Bragg died in the snow somewhere
K rear BGena Vista and Roanoke on
Christmas Day. 1908, as a result, 1t is
raid. of being forcibly thrown from
Norfolk and Western train for In
ebriacy. His wife filed suit against
the railroad The Circuit Court OF
Rock bridge declared there was no
right OF action. The case was APP
peaIed, and was fully argued several
weeks ago.
In the opinion Of the court, Judge
buchanan said Monday When the
defendant (Norfolk and Western Col
found IL had carried him beyond his
point OF destination. n had the right
T. pat hisn oSXhe train, thossgh IL It
Mere Negligent carrying hisa be-
sond his station would have been
its duty to return yn 20 that point.
But II II knew that hkwas In q help
less, irresponsible condition IN put
ting the man OF. IL should not have
exercised its lawful righs to remove
him ut the place and the time. and
under the circumstances where he
would be exposed to great hazard
The decision Of the Circuit Court
by which the relatives of the operator
were denied redress, was reversed and
second hearing Of the case ordered.
Reverses Middlessx Court.
The Supreme Court also reversed
the Mfddiesex court, which decided
against Samuel 0rineas, who sought
TO remove George w. Daniel from
hts wharf on the Rappahannock river.
0rineis runs a mercantile store down
Middiesex way. He had some land
fronting the river and Daniel rented
part OF the wharf he erected on 1t
from him to barrel and pack oysters
ana crabs. Later on, however. Dam
1el is said TO have engaged In the
same business a. Grtnels, much to
( the latter's displeasure. Suit WAS
brought to restrain Daniel from con-
Quoting general store because the
wharf property was leased to him for
no other purpose tban to barrel oys-
tiers and crabs. The lower court de-
cfded that Grtnsis could not compel
Daniel to desist In competing with
him. The Supreme Court OF Appeals
reversed that decision. and not only
ordered another hearing Of tho case.
but infimated that Me-. Grinels might
recover damages.
PetitAons for Appeals.
Tho following petitions for appeals
were filed:
Petitions for Appeals, etc.
Sutherland va. Enswfier. Circuit
eoxrt Of Shenandoah county. Writ OF
errnr and supersedeas. Bond, 800.
Carpenter va. Phillips ct ats. Cir
cult court Of Brunswick county. APP.
peal and supersedeas. Bond. 500
Harris Vs. Harris Executor ct ais
Circuit court Of York county. APP
peal and supersedeaS. Bond. $160
John vs.. Commonwealth. Circuit
court OF Westmoreland county. Writ
or error and supe9HcdeaS. No bond
Portsmouth Cotton Oil Refining
Company w. Oliver Refining Com.
pany Circuit court OF Norfolk coun-
81. Writ OF error and supersedeas
Fond, $500.
Bachrach We. Bachrach Circuit
court OF ely OF Roanoke. Appeal and
9upersedeas. Bond. 5000.
Smith OF ais, Va. Northern Neck
Mutual Fire Association. Circuit eour
~ Northumberland county. Writ Oh
krfnr- and EuperHedsas- Bond. $500
Robinson VS. Commonwealth. Illus.
tings court of city OF Richmond Wri
of error and supersedeas. No bond.
Briggs ct ais VS.. Watkins ct ais
Court Of law and chancery of city 81
Norfolk. Appeal. Bond, $500.
Thornton va. Commonwealth. CIR,
cult court OF Charlotte couny Writ
ut error and supersedeas No bond.
Portsmouth, Berkeley and Sufro,l
Water Company vs. City of Ports
mouth Hastings court OF city OF
Rortsrnouth. Writ OF error and super.
sedeas. Bond. $500.
Armintrout ct al. VS.. Armintrout',
Iegatees Circuit court of Rocking.
BAN county. Appeal and supersedeas
Bond, $200
Cabin Branch Mining Company VS.
Hutchtnson's Administrative Circuit
court Of Prince William county. Writ
Of error and supersedeas. Bond, $3..
600.
Syer d Company Vi. Hbrnung. Cour,
Of Law and Chancery Of city of Nor.
loik. Writ of error and supersedeas
Bond. $500
Carter vs. Keaton a. Coleman. Cir
cult Court of Pittsyivania county.
Appeal and supersedeas. Bond 5000.
sutherland ct ais vs. Peoples
Bank, Inc. Circuit Court OF Dicken-
son county. Appeal and supersedeas.
Bond s409.
Atlas Portland Cement Company ct
ais. VI. Mineral Lame Realty Corpo-
ration. Court of Law and Chancery
Of city OF Norfolk. Appeal and sup
eFSedeas. Bond s.
Ar1ntntus Chemical Company VS..
Whites Administratrix. Circuit Court
~ Louisa county. Writ of error and
0upefsedeas. Bond $500.
Lamb & Cahell, Receivers. Va.
4 Thompson ct ais. . Circuit Court Of
Charlotte county. Appeal and super
aedeass Bond 1900.
Ac0raw VS.. Vernon et ala. Corpo-
ration Court OF city of Radford. ADJ
peal. Bond 1900.
Robertson vs.. Terry. etc, Receivers.
Circuit Court of Charlotte county.
Writ Of error and superseded Bond
800,
Powell w. Weifey. Circuit Court
a. Page county. Appeal. Bond 5000.
Gibney W.. Arlington Brewing Com
4 pAny. Circuit Court OF Alexandria
county. Writ OF. error. Bond 1900
Little Va Commonwealth. Circuit
Court OF Buchanan county. Writ OF
error refused.
Atlantic Trust and Deposit Com
peny w Il. Il. Mumford Banking Com
pAny. Court OF Law and Chancery
Eof city Of Norfolk. Writ of error re-
Il Gnoed.
Treat W.. Commonwealth. Circuit
Z cpurt " Russell county. Writ OF err
rox refused.
E& AAnk Of Aitavista Va. Barnes Safe
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