The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-05
CASES SENT BACK
TO Lower COURT
Two Suits, Each for $4,000,
Will Come to Trial at
Lynchburg.
HOTEL COMPANY DEFENDANT
w. w. and Ida G. Jackson Claim
They Were Refused Accommo-
dation at Hot Springs.

Through opinions handed down yes
Court of Appeals, In session here, two
suits for $4,000 each. against the Vir-
ginia Hot Springs Company, arc or
dercd back to the United States Dis
trict Court, at Lynchburg, for trial.
The cases arc those of w. w Jackson.
plaintiff I'm error, end Ida O. Jackson,
plaintiff In error, against the Virginia
hot Springs Company. defendant in
error Judge Pritchard rendered q
decision In both cases, reversing the
lower court. which sustained o. de-
murrer TO the plaintiffs declaration.
The cases arc tho outcome ofA the
refusal OF the defendant company to
accommodate the plaintiffs ut its hotel
In the declaration fled before the Dis
trict Court, the allegation that the de-
PENDANT company had the necessary ac-
COMBINATIONS. was omitted. This the
lower court held to be fatal to the ac-
ZION, and sustained the demurrer,
which halted the proceedings
Judge PrItchard reviewed the case
and stated. in his opinion, that the pre-
sumption liz that keeper OF n hotel
has accommodations for all who ap-
Ply and that II Is presumed that he
20 prepared to serve the public lie
further stated that IT is unjust to ,.e
10 the existence or which he knows
nothing, when II appears as IL does in
the present 6hse. that the existence or
noneNistence OF ouch IA fact is wholly
in the knowledge OF the defendant
Mr.. and Mrs. jackson ailege in their
declaration that they had Travelled
from Atlantic City to Hot Springs, and
that on their arrival at the hotel at
a. NJ. they were "unlawfully, I'M
civilly. discourteously and insultingly,
refused admittance." 1t is further al
legged that they were compelled to go
Tor more than a mile to another hotel
Cnses Decided.
The court announced and handed
down lis opinion In the following cases:
No. 1888. Strathleven Steamship Com
nany. Limited. owner of steamship
Strathieven, appellant. W.. L. Sanford
Ross. claimant of tug Margaret j. San
ford and scow S. IL, appellee; appeal
from the District Court at Norfolk.
Va Opinion by Judge Rose. Modified
and affirmed.
No. 1850. Jackson Phosphate Com
pany. plaintiff In error VS. Cnraleigh
Phosphate and Fertilizer Works, de-
PENDANT in error; error to the District
Court mt Raleigh. n. C. Opinion by
Judge Pr!tchard. Reversed
No. 1900. l.. Marvin Charles, plaintiff
in error. VS.. United States of America
defendant In error: error to the Dis
trict Court at Grccnville. s. C. Opinion
by Judge Prttchard- Affirmed
No. 1910. George d. Mayo. trading as
Mayo Milling Co. plaintiff in error. VS.
American Mailing Company. defendant
In error: error to the District Court at
Richmond. Opinion by Judge Rose.
Affirmed.
No 1912. w. w. Jackson. PLAINTIFF In
error. VI. The Virginia Hot Springs
Company. defendant In error: error to
the District Court at Lynchburg. Va
Opinion by Judge Pritchard. Reversed
No 1918. w. w. Jackson. plaintiff in
error. VIZ. The Virginia Hot Springs
Company. defendant in error; error TO
the District Court at Lynchburg. Va
Opinion by Judge Pritchard. Reversed
Cnscs Argued.
No. 1896. Princess Furnace Company,
plaintiff In errer. VS.. Virginia Carolina
Chemical Company. defendant in error;
error TO the District Court at Roanoke.
Va. Continued from yesterday. Fur
Their argued by Benjamin Heden, Fin
castle. Va. for the plaintiff in error.