The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-02-20
PUBLIC ROAD" IS
DEFINED BY COURT
Usage of Thoroughfarc Through
Property Docs Not Take
Away Private Nature.
Especial 10 The rimos-pispatch.1

Away Private Nature.
Especial TO The Timos-Dispatch.]
winchester, Va. February 19.--In an
ciaborately written decision. filed last
evening, Judge r. w. Harrison, Of the
Circuit Court OF Frederick county. de.
fines what is a public road and what
constitutes II private road. Tho o,cs-
ton came up in the suit OF j. Robert
RES against John iIar!ncr to pro-
hibit the latter from using "a road run.
ming through the Fries property. Har-
mer, who lost 'lc case, undertook to
prove That tho road had been used
by Il particular nciEhborhood and this
pubic generally for many years. bat
there was no evidence hat the old
county court ever had established or
worked the road. In his opinion, Judge
Harrison points out that in view OF
the fact that the records Of the court
snow that no such road was authorized
1t is not. therefore. II public road. Tho
court held, i'll regard to lights on n
private road. that tho unexplained uss
~ one person Of a road through the
lads OF another FOR twenty years,
provided he can show in himself a
Isl independent Of tho general use
OF the road by the public, Will give
such person q right or way through
1890 - IT, tx IL Ia
incumbent upon him to show this in
dependent right. The fact that every
body had a right OF way. however,
does not necessarily mean that no has
a private right of way. In summing mn.
Judge Harrison says that The long PUB.
lie use OF n road by the public gen.
orally establishes no rights against
the owner of the land, but has the
effect OF establishing in tho owner tho
right to revoke the license at will. be-
cause, first, tho records of tho court
show no such road TO have been an
thorized, and, second. it does not cs-
tablish the private right of way in
any one, as the very fact tha the use
has been general negatives the idea
that any one person has any special
interest in the road. The case has
attracted q great deal OF attention in
this section of the state. il; being ono
of the first of the kind to come UP in
court in a great many years.
The remains of Charles Frederick
Conrad, the only brother OF Major
Holmes Conrad. the wcll-known Win
chester lawyer, who died at the home
of his daughter. Mrs. David J. RAN
dali. In Plat field. n. j., several days
ago At the age Of siNty-scvcn years.
reached Winchester last night. and tho
funeral took place this afternoon from,
the home of Major Conrad. The ser
vices were conducted by Roy. Oscar
Dew. Randolph, assistant rector Of
christ Episcopal Church, and burial
Was matle in the family lot in Mount
Hebron Cemetery During the civil
War Mr.. Conrad served IN the Eleventh
Virginia Cavalry. and at the battle OF
Petersburg he was carried from the
field. supposed to be dead from a bull
let wound in tho head. lie recovered.
however, and re-entcrcd the service.
lIc was a civil engineer.
Claude McCiuskcr, who shot Juetus
Roman on May 30 last, and whose VIC
tim died in tho M%artinsburg Hospital.
is reported to have been seen in the
vtcinity OF his home, after evading The
officers for ninc months. and efforts
arc being made to capture the man. 1t
is said that friends keep him informed
rs 10 the movements of the officers.
a message received here yesterday
states that Mrs, B%rannon. wife OF
Judge Henry Brannon, OF the West
Virginia Supreme Court. is critically
i'll at her home in Weston, ". Va
Judge 3rannon is 81 native OF Win
chester.
Company I, Second Regiment OF vir-
Rinla volunteers, was formally or
Eanized here a Few nights since Nv
-" - $3.50 - = l.Ct!N, P. Ok n LUf1yS
Colonel S, Rolfe Miller and Captain S.
Y Wa!lar. Of Front Royal. with
seVenlT-five members. Commemorative
Attorney James II. Reardon was elect
ed captain, and r. r. Gather ana Rob.
crt Y. Conrad. lieutenants.
The remains OF Frank Fl. wisslor.
who died on Friday night at Ills home.
S~trathmore Farm, near Mount lack
son. at the OF scvcnty-thrcc years.
VIII be inferred in Mount Hebron
Cemetery, Winchester, on Monday
morning., he having been joint owner
with DR.. Robert W. stone. of the Win
chester ~Strawhoard mpa for many
years before going to Mount Jackson.
where he owned one of the largest
apple aud peach orchards in the VAL
ley of Virginia. III until Il few weeks
6 ne was able to personally man
age his entire estate Of 1900 acres.
fie was a native of Canada, and was
a member of the Episcopal Church.
Harvey ingram. who had been a
freight brakeman on the Baltimore
and Ohio Railroad for some time mast.
attempted to step from the top OF one
poX car TO another a few nights ago
at brunswick, but fell and was run
over. death resulting instantly. He was
a young man, and leaves q widow.
Graham +. Blandy. the New York
millionaire. who several years ago
bought the historic Tuleyrics estate. in
Clarke county, has offered large cash
prizes TO the boys of that county
who show proficiency in corn growing.
and also prizes to the girls who raise
the largest flocks of turkeys by next
November.
EAIln