The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-03-15
MANY DECISIONS BY
THE SUPREME COURT
Thirty One Handed Down, UNFOLDING Lower
Courts Iii Fourteen Cases and Reserv.ng Six
teen kullngs-Re cord for the Day.


an ngreoment that 1t would never oon-
sGuct und maintain In It's streets
water pipes OF It's own. Tho appellee
inerely enjoyed u privilege, 20 Say the
least. shared by the srantor."
ne oiiteTehces between the city OF
N N.n and inc water company arose
when tho iattor after Installing a
number Of hro hydrnnts on Thirty-
ssns;i,h street. abandou"d the water
service because OF tho difficulty it
Qu'site pressure. 10 protect tho res
iaehtS from nre tho city undertook TO
install water pipes and MIGRANTS of
Danvuie MIL Scores Point.
IN tHe case Q! Felix Il. Carter agalnst
1ne faHerslde and Dan River Cotton
NILS. IN whioh the former was award
ed damages by tho Corporation Court
of the city Of Danvillo Tor Injuries re-
oeiyod while in tho employ OF thu
MIL the Supreme Court reversed tina
veruict and ordered new trial. Ths
contention In the SUIT was that the
pialns.n was injured by machinery
WHOM was not properly safeguarded
~ was brought out In the triul that
Sarter lor weeks at time called The
attention of the foreman to tho dan
serou5 machinery. and asked that Il
be properly hooded. Lie WAS always
put OH With tho promise thai It would
De reniedied shortly.
The Supreme Court based its re-
veisal on the contention that the jury
was Improperly lnstruc.ed. II was
a aInSd practically rae to decide only
was or WAC not properly safeguarded,
ana II 1t found that It was not, to de-
eide in favor OF the plaintiff. Touch
Ing this phnse of the case tho opin-
ion had this 10 say:
"A servant may rely upon the prom
Use OF the master TO repair defects for
reasonable time. but II he remains
in the service after the expiration of
"A reasonable time for remedying the
defects, he Is thereby deemed to have
waived his objection and assumed tho
risk And again: That tho failure
or the master to make the rspairs
within reasonable tne makes rim
L1hle no matter what ps-.oi may
have elapsed before the Injury. is II
Grubbs Get. DnmuRen.
rho award OF $4,000 made TO H. l..
Gruobs. of this city. by Hastings
=, rCct !Eed 5y beinE struck BY the Can
non Ball" express of the Atlantic
Coast Line ltailroa. In 1905, WIS az
h.ned BY the Supreme Court, With the
amendment that the amount Shall be
paul with interest from the time of
award. The railroad company sought
(" have the verde; SGT aside upon tao
OF CT tributory negligence. rh, Su-
p"elne Court found no ground 20 suu-
port thtt claim
The following cases wess decided:
BY the Court,
Dtngia. Land Company vs. =. w.
Thayer Company. Corporation Court
of city Of Bristol. Reversed IN part
Cardwell, j., concurring in reversal
BY James Keith. President:
Miller u Company We Lyons. Cir
cult Court of city Of Richmond. AZ
irmcd
rettus VS. Hendricks ct ais. ond
Howard VS. FLremen's Relief Associn-
, ton ct ais chaneery cour, OF city OF
Norfolk Fire Insurance Corporation
va Wood. Circuit Court OF Not.oway
county, Affirmed.
cult Court OF IJsnrico county. At
hrmed.
JeMerson VS.. school Board OF Amelia
county, Circuit Court of Amelia coun-
Virginia Black Mountain Coal Com
Inc, CT ais. Circuit Court or city c
Norfolk Affirmed.
southern Railway Company VS. Chill
drey. Hastings Court, Part .. OF city
OF R!camond. Reversed.
BY Judge r. IL Cardwell;
a., A5i"Hsie G G;on, Line Railroad Com
Part ?. Of city OF Richmond Amended
ana affirmed
MI Wnlie a vs. simpson; Circuit
Washington Southern Railway Com
pnny VS.. Groves Admir-. Circuit Court
OF AleXandria county. Reversed
Scottish Union and National lneur-
ancs Company VS.. Virginia Shirt Com
pany. Corporation Court of Fred
ericksburs. Reversed.
/ By Judge John a Buchanan;
/ Western Union Telegraph Company
VS.. White, Corporation Court Of City
| OF fredericksburg Writ dismissed
Keith. p. and Cardwen j., dissenting.
Harris ct ais VS. Wyatt ct ais. Cir
cut Court OF Loudoun county. AT
! drmsd
Lambsrts Point Comp.ay vs.. No=-
folk and Western Railway Company
! Circuit Court of city OF Norfolk. AZ
southern Railway Company VS.. vDl-
cult Court OF Mecklonburg county.
| Reversed.
Collier ct ais vs.. coward and Roper
| ct ais. Hustings Court of city Of Pc
tersburg. Reversed
BY Judge George NJ. Harrison:
Avis ct ais. VS. Saunders ct ais
City Gas company of Norfolk vs..
2 Pondr@ Court 81 Law and Ihancery
crutchdcld, Etc. KS. Greer. Circuit
cour; of Franklin county. Reversed.
! CITY Of Norfolk Us. Norfolk Comfy
] Water COMPANY Circuit Court cf city
! of Norfolk Reversed
| Dcanc vs.. Turner. etc Circuit Court
of Greene county Reversed
/ Hoffman VS.. Shartle. etc. Circuit
Court Of city Of Lynchburg. Reversed,
| Riverside and Dan River Cotton
| Mills Company vs. Carter Corporation
Court Of city OF panvllie Reversed
| By Judge StnfforG G. whIttle:
! BOARD of Supervisors OF Fauuuier
! county VS.. Spilman ct ais Circuit
! Court of FauGuier county Affirmed.
| Peters eli ais vs.. Waverly Water
! Front Improvement and Development
| COMPANY CT aIs. Hastings Court OF
! city OF Portsmouth. Affirmed
| Whitley VS. Booker Brick Company.
/ CORPORATION Court of city of Ncwport
/ News. Reversed
| Mcintyre VS.. Wright. Circuit Court
! OF Fauquicr county Reversed
1 white VS. Han at ais Circuit Court
/ L. NJ