The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-03-15

yesterday thirty-ono decisions. In six
teen OF these It reversed the rulings
0! inc lower courts. Fourteen decisions
OF tho lower courts wore uphold, and
one writ dismissed. Three petitions
for rehearing wore refused
In the cass OF the Southern Railway
w. Childrey. In which the latter was
awtiuco damages b. the court for IN
}ur!es recciveu while employed as
brakeman by that company. the su
preme Court reversed the decision or
Hastings Court Part 2. city OF Kich-
mond. on the ground OF errors In the
Instructions to the jury. 1t ordered
that new trial be hold and that the
jury BIO then Instructed IN accordance
with views expressed in the opinion.
Exception was taken particularly
By tho court to the third instruction
which told tho Jury THAI the plaintiff
mad tho right to assume at the tinie
he received tho INJURIES that tho de-
PENDANT had Furnished him with rea-
sounDly safe brakes with whlcn TO dis
ehurgc his duties 10 tho defendant, as
brakeman. This instruction, tho Su-
premc Court upheld, ignored tho rulo
~ which the brakeman himself was
required to Inspect the brake before
using 1t.
Court May orduS IteaaIe.
The decision OF the Circuit Court OF
right TO order a resale OF certain land
sold to j. O. Jefferson. OF the same
county. by the school board of Giles
an opinion that I'm proceeding as 1t
did the Circuit Court did not 30 far
exceed the discretion reposed in IL as
to constitute reversible error" The
case attained some notoriety from the
fact that Mr.. Jefferson was on tho
school board when 1t purchased the
land for school purpose for $3.50, and
be sold because II was unfit for the
purpose for which II was wanted. AT
an advertised sale Mr. Jefferson bought
tho property for $500 1t developed
io prtL
had enhanced In value sinco its pur-
chase by the school board, and it was
unnul the sale. sir. Jefferson Insisted
upon his deed. and the case went to
the courts.
wcstcrn Union Loses.
ne statutory penalty of 500 i'm
posed upon the Western Union Tole-
graph Company BY the Corporation
Court OF the city OF fredericksburg
been duly filed at Staunton, was rati-
lied by the dismissal OF writ of
error secured by the company. The
evidence introduced at the trial in
the lower court brought out the fac;
that the message reached Washington
safely. but could be traced no further.
state law cannot be made to af
fcct Interstate business which comes
under the United states commerce
laws.
The Supreme Court held that the
question determining tho validity OF
tho statute In question was whether
II could be fully carried out and OBEY
cd without IN any manner affecting
the conduct of the company with re-
gard TO the performance OF its duties
In other States.
Norfolk Aiuy Lay Water Pipes
Tho Supreme Court reversed the de-
c'sion of the Circuit Court of the city
of Norfolk enjoIning that municipality
from laying and constructing water
p'po mains and fire hydrnnts In Thir-
ty-seventh street, Seventh Ward. The
enjoining order was Issued upon suit
entered BY the Norfolk Water Com
pany, which claimed an exclusive right
I" lay Mater pipes In the district III
question by virtue of n franchise Is
sued to 1t by the kcnsington Land
Company. which owned what Is now
the Seventh Ward. before the prop
erty of that company was annexed 10
the city of Norfolk by act OF the Leg
!slature.
In reversing the nnding OF the Nor
folk court the Supreme Court holds
that the granting clause of the deed
under which the appellee holds, does
not confer upon Il an exclusive right
to lay and maintain water pipes in
Thirty-seventh Street. The grant IS
merely a right of way on and under
the streets for the purpose OF laying
and maintaining water pipes"
THE kcusington Company" tho
opinion continues, merely coycnantel
that II would not convey the same
privileges to any other person or cor
poration. but that was by no means