The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-06-10
CANNOT RECOVER
FOR STOLEN Mail.
Atlantic Coast Line Railroad
Wins Suit Instituted by
United States.
OPINION IN APPELLATE COURT
Judge Pritchard Affirms Verdict
Returned at Wilmington
for the Defendant.

In an opinion handed down ycstcr-
day by Circuit Judge Pritchard I'm tho
United states Circuit Court of Appeals.
the District Court at Wilmington, "
e.. was affirmed in the case of the
United States of America. plaintiff in
error. against the Atlantic Coast Line
Railroad Company. defendant In error.
Suit was Instituted by the govern
mcrt against the railroad to recover
tn" value OF diamonds which were
stolen from a mail car which had been
wrecked and burned at Lucama. y. G.
The court below held that the gov
eminent could not recover and has
now been upheld by the appellate
tribunal.
The evidence in the case showed
that ;he railroad had paid u ine of
$500, imposed by the postnn <tcr-Gcn-
eral, for the loss of the mail on TIE
wrecked train. and that the owner Of
the diamonds had been reirhurs, q
through an insurance company. 10th
courts held that Immediately cGtrr the
wreck the road used Reasonable pre-
caution To prevent tn. looting Of the
cars. and that II was not responsible
for tho theft of the gems.
1t was also shown that long period
elapsed after the payment of The hne
AMI the institution OF the suit.
OPINION RENERSES
Lf NCIIBtHG COT Ikr
The District Court at Lynchburs was
reversed in an opinion handed down by
Judge Dayton. Judge Woods dissent
ms In the case OF ollie II. l5rownn;;
at al. appellants, against Thomas r..
Boswell. the Big Vein Pocahontas Coal
Company ct al, appellecs. This litiga
~ nh ft..ta
funds after the coal COMPANY lad been
thrown into the hands of receivers.
Court convened yesterday morning
at 10 o'clock with Circuit Judges
Pritchard, Knapp and Woods in at
tendance.
The following cases we're argued:
Nos. l213-A-5. Maryland steel Com
pauy. Gustav Lies, Joseph Giclncr and
Charles 4 RUBY, ct al. appellants. vs.;
City Council of Baltimore. and MARY
land Steel Company. ct al. appcllccs
appeals from the District Court at Bal
Daniel II. liaync, Of Baltimore. Tor the
Maryland steel Company. Charles :.
llaight, of New York. for Munson
Steamship Line; Alexander Preston. OF
Baltimore, for Mayor and city Council
of Baltimore; Thomas l.. cadwaladc r
and James NJ. Mullen. of Baltimore; for
DANKRII'TCY CASE
no BE ARGUED TODAY
Court adjourned untll TINS morning
mt 10 o'clock. The following cases Will
be argued to-day:
No. 1855. Lcvcy c. Cox ct al, APP
tee in bankruptcy Of Fred Cox, bank :
rupt. appellee; appeal from the Dis
trirt Court at Richmond. In bank
ruptcy. To be argued by Robert III.
Tallcy. of Richmond. for the appellants,
and by s. :. i. Pattcson and John T..
Lightfoot, Jr., of Richmond. for the
appellee.
40. 1856. Herman Granta. master.
and the North German Lloyd Steamship
Company, owner or steamship Sigmar-
ingcn, appellants and cross appcllces.
VS. Edward t.. l.uckcnbach. ct al. own
crs III steamship Jacob l.uCkenbach.
appellccS and croSS-appellantS; cross
appeals from the District Court AT i!a =
timorc. To he argued by Charles W.
Field and II. T.. Lee Marchall. of Ealti-
more. for the appellants and crosS-ap-
pcllccs. and by James Is. SUMMERS. New
York. for the appcllecs and cross-ap-
pcllants.