Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1914-04-15
Judge Keith in State Su-
I preme Court Allows New
Trials in Cases.
CARTER DAMAGE SUIT.
Circuit Court Of Fairfax Reversed in
Case Of W.&O.D. Ry. Involving $lO,-
600 For Injuries.

UUU FOR injuries.
Richmond, Va, April 15.-The Su-
preme Court of Appeals yesterday
granted a writ of error in the case
of the Washington and Old Dominion
Railway Corporation against Alfred
B. Carter, from the Circuit Court of
Fairfax County. Carter was awarded
a ver:ict of damages for PERSONAL in
juries in the sum of $4,000 on Feb
ruary II, 1914.
The petitioner owns railroad line
from Rossyln, in Alexandria county,
to Leesburg, in Loudoun county, and
carries passengers and mail. Carter
was a mail clerk in the employ Of the
United States government in charge
of a mail car on December 27, 1912.
At or near Wiehle StatioR he was jolt
ed or jostfed or thrown through the
open door Of the mail car to the
ground and received painful injuries.
He alleged negligence on the part of
the railroad company in failing to
provide the door of the mail car with
a cross bar, such as is customary. The
railroad company offera:, testimony
to show that it had provided such a
bar, and that it had been removed with
the full knowledge and acquiesence
Of Carter. The jury found in favor
Of Carter, and assessed the da1lages
at $4,000. A writ Of error and super
sedeas was granted by Judge Keith
and bond in the mof $4,000 was
required.
A writ of error and supersedeas was
granted by the Court in the case of
the Blackstone Manufacturing Com
pany against L. E. Allen. The case
came up from the Circuit Court of
I Lunenburg county, where it was dis
posed Of on October II, 1913.
| On February 2, 1906, Allen and his
wife executed deed in consideration
of the payment of s3,OO1, for the sale
of all the staadirg timber on certain
tract of land consisting of $50 acres.
Under the terms Of this deed the
Blackstone Company was to have
seven years to cut arb remove the
! timber, with provision that the time
would be extended three years unler
certain conditions and on the payment
of certain interest charges. The sew.
ien-year period expired February 2
! 1913, and. the Blackstone Cdrlpany
| claims that it now has cut and hauled
to a saw mill logs and lumber
amounting to about 100000 feet. II
relied on the extension clause to con,
tinue and complete the cutting of the
remaining. timber;
Mr.. Allen brought proceedings t
prevent the company from removing
further timber from the land, frd1
) which order the Blackstone Compan!
appeala,. Boni was required b!
Judge Keith in the sum of $4,000.
, "A writ of error and supersedeas wa,
granted in the case of the Dan Rive
Cotton Mills Company against L. I
Waugh, from the Circit Court o
Pittsylvania county. Bond was re
: CURED by Judge S. G. Whittle in tn
, sum of $4,000:
l Waugh claimed that the dam, power
= erhouise and other construction of tn
e cotton mills had 50 changed the natr
h raj flow of the river as to cause it
j time of freshet to flood his bottol
e lands and seriously injure his farm
!, The jury awardeS him klamages IN tn
: sum of $4,000. The cotton mills CON
s pany clasrls that Waugh's place
), three-quarters of mile down tn
: riverzbeIow the power house; that
IT, is a 1swaie of natural depression owe
n whiehtf freeshets break with no create
+ force now than before the erection
r, 1.-THE building complained Of, and fu
81 ther that Waugh bought the propert
S, since the erection of. the power hou'
/ in question.
IS The euchre dance which was
49, Lo1J.;p tJ1a, Tvcerr, n,