The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-02-25
PASS ON LEGALITY
ROLLING STOCK ACT
SUPREME COURT GRANTS APPEAL
FROM CORPORATION COMMITS
SLOWS RULING.
AT F ECTS 1914 DUTY
----~
rAaEs ON STEAM ROADS ROLLING
STOCK HAS BEEN sEGRE-
GATED TO sTATE-Ap-
PEAL GRANTED.
AFFECTS 1914 DUTY

Fhe State Supreme Court Of APP
peals Will review the decision of the
state Corporation Commission Mold
ing that the rolling stock act of 1914
~ constitutional. Judge Keith yester!
day allowing the city appeals In two
N the caseE.
The appeals were In the cases or the
Clfy OF Richmond versus the Chesa :
peake and Ohio, and the City OF Rich
mond versus the Virginia Railway and
POWER Company In which the city
sought to have the roads prevented
from paying the taxes on their rolling
stock to the localities traversed by
them. Heretofore the headquarters
cities have received the rolling stock
tax. but under the act Of 1914 II Is
given to the locaIities
The cases In questlon--one of a
steam road ana the Other Of an cleo
trio foad--were used at test casea
One Year Affected.
The eventual decision OF the SUI
preme Court viii be OF less Importance
now then would have been the case
had not the General Assembly of 1915
sesresated the rolling stock OF steam
roads to the State for purposes of
taxation. Even though the act be de-
clared unconstitution by the appel
late court the headquarters cities Of
steam roads will receive the taxes
only for the year 1914. as hereafter
those taxes will 20 to the State, which
viii levy n rate of one dollar per
hundred dollars of assessed value. In
the case Of the rolling stock OF the
electric road. however. the city of
Richmond especially is more ma
terially interested as sucsa property OF
electric roads has not been segregated
nd hA taw Aa AaIl fati "a
city will continue TO collect taxes on
all the rolling stock. Should It's
validity be upheld. on the other hand
he county of Chesterfield and to
smaller extent Henrico will share
with the city in the receipts from
AVIATION.
OCEAN View Collision.
The court yesterday also granted q
writ OF error and supersedeas to the
Virginia hallway and Power Com
nsny in the first of the suits brought
az result OF the collision near Ocean
View last ,tuiy between an electric
r Of the defendant company and the
Nlrginian Railway
The case was that of George r.
tarkin, suing by Annie Il, Iarkin.
his next friend for damages for in
iaries received in the wreck The APP
peal vas from the Circuit Court OF
Norfolk. which awarded the plaintiff
~ eco.
I4arkin, who was a passenger on the
siectri, car when the collision oc-
CURED. had his foot caught under
board of the flooring knocked out of
place by the collision. He alleged
negligence on the part of the COM
pans. The defendant In It's appeal de-
ciares that the plaintiffs leg was not
permanently damaged that ne was
seen dancing at Ocean View a month
later. end that he lost nothing in
wages by his confinement. II declared
negligence Of the company was not
brought out in the evidence. w. III.
Atkinson thc motorinan the petition
roads testified t.aat his dazed cond!-
ton az the time OF the accident was
due to II sudden attack OF sickness
and fhat he was not tired out by
service for too many hours.
The petition declares that the motor
man was not asleep Mt the time OF
the accident, but ILL.,
Recently \ safety device has been
by the Virginia Railway and
Power Company at the point Of the
accident In question under orders Of
the state Corporation Commission. Is
sued following me collision last July.
Rhea inspected the de-
vice a few days ago and after seeing
Il In operation expressed his salts
faction with IL.