The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-27
INITIAL CARRIER
IS FULLY LIABLE
Supreme Court Comnends Car
mack Amendment to Com
mercc Law.
TEACHER TO PAY PENALTY
Negro Who Flogged Child 10
Death Denied New Trial.
Other Decisions.

In two cases decided yesterday by
! the Supreme Cour, Of Appeals of Nir-
| ginia the validity OF the Carmack
amendment to the Interstate commerce
| law is not only upheld, but in addi-
ton it's provisions are specifically APP
proved. Judge James Keith, voicing
| the opinion of the court in the case
I, of the Norfolk and Western Railway
| Company against the Dixie Tobacco
/, Company, after quoting the decision or
/! the United States Supreme Court in
| n recent case. as delivered BY Justice
| l.urton. says: I'VE are mot only of
(! the opinion that the provision in qucs-
ton is constitutional. but that it is a
most wise and salutary law.
| The Dixie Tobacco Company sued
| the Norfolk and Western for S66.62 for
damages to n shipment Of tobacco con-
| signed to point lin Texas. a justice
was appealed to the Circuit Court of
/ Bedford county, where Il jury also
gave a verdict for the amount asked.
i The amount was too small to admit
| but the railway company claimed that
! the constitutionality of what is known
as the Carmack amendment, which
makes the initial carrier liable for a
| Shipment, was involved. The lower
| court was affirmed.
1 SHIPMENT Was Lost.
In the other suit partly involving
!; the same contention, the court reversed
tho decision Of the Circuit Court OF
Wise county c. f. fianary Com
nany had sued the Old Dominion
! for damages for loss Of a shipment of
goods from New York. The jury de-
Gided that the goods We're never de-
the steamship company.
Judge Keith, delivering the opinion
Of the court, refers TO the Carmack
n m nT1dt ant I, 81
! therefore the steamship company was
responsible. However IN view Of this
fast. the carrier was entitled. the court
| within the specified time of thirty
days. Therefore the lower court is
reversed on It's decision that the thirty
| shipments BY means OF tracers were
! abandoned.
Murderer Must serve Term. d
Johnson, the negro teacher who beat
/ a small colored girl in his school In
| flicting Injuries from which she died.
| Is refused a new trial. and must serve
1 Tertiary. From the record, the
crime seems to have been peculiarly
atrocious The case came from West
Mary Thompson !! the child, was seven
af IL, br ,na 7, were kept in the school
Then the boy was dismissed, but. he
testified, he, watched further proceed
4
/ said that the teacher beat the child
Tlclousiy with large stick.
on luce - George n Harrison. In the
| Is no rule requiring a COMMUNICATIVE
/ attorney to make an opening state
ment that While testimony as to
ruled out; II was not material. that
| the physicians gave competent evil
aence as, as TO- the cause of the injuries,
! TO the competency OF the testimony Of
/ the little boy.
CITY Wins Tux Cnse
The court dismissed the witt or error
| ceivers, against Walford. collector. as
having been providently award ed
me case involved the collection OF
| ing to $3.50. AS this was less than
! the required amount of 5000 the SUI
Preme Court was without jurisdiction
Neither the right to levy the tax, nor
j the constltntionaiity OF the law, it
Judge John \. Buchanan, who de-
/ of Rcid's administrator against Wind
| sor and others. held that the fact that
| an estate Of decedent is not sum
Gent to pay Is debts. IS no reason Why
! a personal representative should not
defend the estate IN trial or an APP
1 peliate court against claims which he
circuit Court Ct Frne ee William IRON eonn tne
I u. f. T. .
| Asked Dismissal.
! Luther II. Mcmillan. one Of tho an
| peilees, moved that the appeal be dis
missed because 1t was premature The
to the ns TsR9f 81
1 estate Other claims filed, saws the
eonrt. would not present party from
diced by the decree Of confirmation.
II. w. Reid. the deceased, and Luther
hi n; M E. ih had jointly executed a
4 security 500 shares of the stock OF the
/ Piaza Hotel Company. Of WASHINGTON
the ms co G1a,m WAS pronouneed valid by
| favor Of Mcmillan The court ho,ds
mat when a note Is payable to the
iin m or one Of two or more makers.
| avni!able as security at law in the
hands of indorsees. who may sue on it,
Rehearings Refused.
/ Rehearings were refused by the
court in the following cases:
Beury and others against Davis, from
/ Portsmouth Cotton Oil Refining Cor
poration against oliver Refining Com
| folk county; Atlantic Trust and Deposit
Company against Union TITLE and
trust Corporation. from the Law and
| Chancery, Court OF the city Of Norfolk
Ponds administrators against the Nor.
folk and Western Railway Company
J. court VIII adjourn to-day. as there
one in which argument was begun a ve &c
terday The adjournment viii be TO
T, about March /.
Following were yesterdays proceed
ings
Pcrsinger and others against Amer
lean Finance Corporations; continued.
bradley, trustee. against Patterson
and others; argued by Samuel a. An
! derson and H. W. Anderson fpr the
plaintiff In error and by John r Lee
and $. Hamilton Graves for the de-
RI
Southern Railway Company against
); |. Mosby; partly argued by Eppa
Hunton for the plaintiff in error and
/, ny L. Q. Wendenburg for the defendant
IN error, and continued to TO- day. -
! n Next case to be called: Casselman q
| Brown against Bialas >
STRICKEN AT WORK