The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-02-07
CIRCUIT COURT OF
APPEALS SITTING

The United states circuit court OF
appeals convened TUESDAY morning to
hold its February term. The follow
ing judges were In attendance. Cir
cult Judge Nathan Con, OF Ciarks-
burg, w. Va; Circuit Judge j. c.
Pritchard, of Asheville, N. c.; District
Judge William II. Brawley, of
Charleston. s. c.; District Judge
| Henry G. McDowel /, ri Lynehhurg,
| Va. and District Judge John c. Rose,
OF Baltimore, Md.
| The court made and entered an
order denying a rehearing in the fol-
lowing case:
! No. zoos. Claude W. Maxwell trus-
! tee ct al. appellants. vs. Isaac Nc
| Daniels, Charles a. Gillespie ct ais,
| appellees; appeal from the circuit
court at Philippi, ". va Petition OF
appellees for reheariug denied.
The following case was argu-l:
| No 363. Ida G. jackson, appellant.
vs.. A, b. White ct al, appeliees; APP
peal from the scircuit court at Par
kersburg. w. Va. Cause argued by
James s. McCiuer OF Parkersburg, w.
| Va. and Seth T. Mccormick. of VIII
1 by William Beard and W. Fl. Wolfe,
Jr., of Parkersburg. ~. Va. for the
appellees. and submitted
The following case will be in the
call tomorrow:
No. 971. Wheaton Packing Com
pany, plaintiff in error, VS.. Aetna In
surance Company defendant in error;
in error to the circust court at Balti-
more. Md. To be argued by Alonzo
l.. Miles and Luther f.. Mackall, Of
| Baltimore. Md, for the plaintiff M
error, and by Robert II. Smith and
John T. Foley. of Baltimore. Md, for
the defendant in erros.
Court announced and handed down
its opinion in the following cases:
No. 932. Norwood Paper Company.
plaintiff in~error. VS.. Columbia Paper
Bag Company. Defendants in error;
In error to the circuit court at Balti-
more, Md. opinion Wy Judge Rose.
Reversed, with costs, and remanded
for new trial.
No. ISL. Hamburg american steam
! Packet Company. appellant VS.. Henry
Baker. appellee: appeal from the dis
triet court al Baltimore, Md. Opinion
| by Judge Prltohard. Affirmed, with
costs.
| No. 996. Henry Paper Company
: plaintiff in error. VS.. Columbia Paper
Bag Company, defendant in error;
, in error to the circuit court at Balti.
more, ND. Opinion by Judge Rose
Reversed, with costs, and remandad
! flor new trial " - 's'. 49, ~ @
No. 1909. Postal Telegraph Cable
Company. plaintin iii error, VS. Frank
, Grantham. defendant In error; in
, error to the circuit court at Raleigh
| n. c. Opinion by Judge Pritchard
Affirmed, with costs.
, NO. 1908. James A. Henderson. re-
ceiyer of Pittsburg & Cincinnati
. Packet Line. appellant, VS.. kanaw ha
? beck Company, appeiiee; appeal from
, the district court at Charleston, w.
Va. Opinion i.s Judge Rose. Affirm
,, ed with costs
|, No. 9s2. Southern Railway Com
, pany, plaintif in error, VS. Moores-
vile Cotton Mills. defendant in error:
in error to the circuit court at States
vile, n. Z. Opinion by Judge Pritch-
ard. Reversed. with costs, and re.
manded for new tria.,
NO. 9ss. Mooresvifle Cotton Mills
plaintiH. In error, vs.. Southern Rail-
way Company, defendant in error: in
error To the circuit court at States.
: vile, n. I. opinion by Judge pritch.
ard. Reversed. with costs and re-
manded for new trial.
NO. ss4. William Il. Williamson
receiver OF National Bank of Ashe.
vile, plaintiff in error VS.. American
Bank defendant in error; In error tc
the circuit court at Grecnville, s. G.
opinion BY Judge Goff. Affirmed with
costs
Probably the most interesting
opinion handed down by the court was
that In the case of the Postal TeIe-
graph Gable Company, plaintiff in
! error, against Frank Grantham, defen-
, dant in error: in error to the circuit
court 1T Raleigh. This was an action
instituted by the defendant in error
in the superior court of North Caro-
- lima for, the county of WAYNE and ra
, moved therefrom to the circuit court
!. OF the United States for the eastern
district OF North Carolina. 1t was an
! action Tor damages and was based on
, the TACT that in order to enable the
piaintfn To perform the service re-
, CURED OF him, that OF removing ser
tam poles the Cable Company should
, nave provided certain implems nj
known as 'deadman.f on account os
the lack OF which the plaintiff
. Grammar, feli and broke his thigh,
ana Is cripple for life. He sued
Tor DAMAGES and won in The lover
. court, and the opinion Of the lowea