Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-01-03
OPINIONS ON APPEAL TAFT BACK AT Work.
District Tribunal Passes Upon Confers With Cabinet and
TWenty-Four Cases. Meets Many Callers.
TEN DECISIONS REVERSED CHRISTMAS HOLIDAYS END|
Number Thirteen Senator Nelson Discusses Conva
One Appeal Is Dismissed ton With Executive.
msANITARY BUILDINGS ISSUE LEASE ALASKA LAND
Mandatory-Distict Senator Borah and Minister
held-other Causes
District Tribunal Passes Upon
TWenty-Four Cases.
TEN DECISIONS REVERSED
Afirmations Number Thirteen, and
One Appeal Is Dismissed.
INsANITARY BUILDINGS ISSUE
REQUEST for Committee of Award Is
Mandatory-District Claim Up
held-Other Causes.

The District Court Of Appeals today
handed down twenty-four opinions in
cases recently argued. Thirteen find
ings by lower tribunals were affirmed.
ten were reversed and one appeal dis
missed.
In reversing the action Of the Dis
trict Supreme Court. which had re-
fused Percy Metzger a committee Of
award when the board on insanftary
buildings had sued for the condemna
ton of certain alley houses belonging
to him. the appellate court. in an opin-
ion by Mr.. Justice Van Orsdel, holds
the lower court was in error Accord
ing to the opinion. when the owner
asks for a committee of award, it is
mandatory on the court to grant the
request.
The Washington Terminal Company
must pay the District of Columbia 3d.,
AZ expended by the latter for lighting
certain streets along the lines of the
terminal company from January l to
September 1, 1908. The company objected,
claiming the act of Congress applicable to
the matter did not take effect until July
l. 1898. The Court of Appeals, in an
opinion by Mr.. Justice Van Orsdel today,
held the act become operative when
signed by the President. and so affirmed
the finding of the lower court in favor of
the District.
Trial Court Erred.
The judgment for $500 damages
awarded by a Jury against the United
States Express Company in favor of Mrs.
Minnie T. Ball, Administrative, for the
death of her husband by the fall of
chimney at the companys garage in
Northeast Washington was reversed to-
day by the appellate court. Justice Van
OrsdeI, speaking for the court, says:
After a careful review Of the record, We
are of opinion that the trial court COM
mitted reversible error in failing to state
clearly. by proper instructions of law in
respect to the duty imposed upon the jury
of determining from the evidence whether
or not defendant had been guilty of such
negligence as would entitle plaintiff to
recover.
Emilio Jaselli received an even break
on his appeal from two verdicts directed
by the court in favor of the Riggs Ma
tional Bank, against which he had pro-
ceeded for alleged dishonor Of certain
checks. Jaselli brought two suits, but
lost out in both In the lower court.
Justice Robb. in delivering the opinion
Of the appellate court, holds that the in
struction in favor Of the defendant in the
first suit was wrong, and directs new
finding in the second case, suggesting
that when the first dishonor had oc-
CURED and the depositor withdrew his
balance, he terminated the relations be-
tween himself and the bank and may not
recover on the subsequent dishonor.
Clement-Hobinson Case.
Justice Robb also wrote the opinion OF
the court, which afirmed Judgment for
$3.50 awarded Myra T. Hillman and
Elizabeth Clement against Dora F. and
c. Barnwell Robinson. The case grew
out Of the erection of a building by the
Robinsons which shut of an alleyway
formerly enjoyed by the plaintiffs.
Chief Justice Shepard, speaking for the
court, set aside the decree of the lower
court. which had directed Daniel Rhodes
to pay permanent alimony to Mary E.
Rhodes. from whom he had secured d.
vorce in Virginia. The court held the
case, Is shown by the record, did not fall
under the purview of the Haddock decfs-
ion, and that. accordingly, the court felt
itself unable to declare that the Virginia
decree Of divorce Is entitled to no credit