Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-05-23


affirming a Judgment Of s25. 300 given
by the Virginia courts against the
Chesapeake and Ohio Railway in favor
OF Asa p. Carnaham, fireman Of the road.
who lost a leg in collision at Dos
we'll. Va, in 1913, the Supreme Court
held to-day that jurics of less than
twelve men required by common law
may return verdicts I'm Federal as we'll
AS State cases. The railroad had APP
pealcd from the original nnding in the
tarnaham case on the ground that tho
Virginia law, which allowed a jury OF
but seven men TO pass on the evidence.
was not valid.
In n similar finding in a case orig
mating In Minnesota. the Supreme
Court uphold the Law % that state.
which provides fivc-sixths OF a jury
may return verde, after the jury
has been out twelve hours and failed
10 reach unanimous agreement.
REM TO GET $4,000 FROM
SEADoARD AIR LINE
For injuries received by slipping on
Va, j. T. Rem, pump repairer OF the
Scaboard Air Line, will receive $4,000
from the railroad. The Supreme Court
today affirmed judgment OF tho North
Carolina courts for that amount.
SETS ASIDE JUDGMENT
AGAINST TIL: SOUTHERN
Finding no negligence on the part of
the Southern Railway by reason OF one
Of It's trains running over and killing
Kenneth l.. Gray, brakeman, on a run
from Spencer. y. g. TO Washington.
u G. the Supreme Court to-day set
p Il in he
North Carolina state courts in favor OF
his estate.
Tho train on which Gray was work
ing stalled. and Gray. instead Of :rt-
ting out torpedoes. walked back three
quarters Of a mile. set his lantcrn on
tho track. lay down with his head on
n cross tie OF the track and went 10
sleep. y passenger train did not zee
his lantern in time 20 stop before XIII
ing him.
ESTATE or BAUGHAM
CANNOT RECOVER
The decision Of the Virginia state
courts refusing to allow the estate
OF Richard T. BauEham. killed while
IT work as brakeman for the New
York. Philadelphia and Norfolk Rail
road at Port Norfolk, Va, TO recover
damages for his death. was affirmed to-
DAY by tho supreme court.
Baugham WAS crushed to death by
The car which he was climbing UP. side
swipinE another on an adjoining track.
The case involved a question as TO the
necessity for the railroad warning
BauEham about such danger. IauGh-
am having worked as a brakeman only
one day.
JACOBS not ALLOWED
TO RECOVER FOR INJURIES
Judgment in the Virginia courts re-
fusinE to allow Ralph 3 Jacobs fire
man FOR the Southern Railway. TO re-
cover from that company for personal
injuries occurring At Lawrenceville
Va, in 1911. was affirmed to-day by the
supreme Court Jacobs fell over a pile
of cinders near the roadbed. and sought
20 show the road was guilty OF negli-
gence in leaving the cinders where they
fell from locomotives
nEVERSES DECISION
IN COCA COLA CASE
The Supreme Court to-day held that
jury must determine whether caf-
feline contained in Coca Cola is in
furious to health, and whether there Is
any coca or. cola in the product In
so ruling. the court reversed the deci-
sion OF tho Federal District Court, at
Chattanooga. which refused to confis-
cate. on petition of the government
forty barrels of Coca Cola. shipped from
Atlanta to Chattanooga, az violating
the pure food law
Justice Hughes. who delivered the
opinion for the unanimous court held
that the court had erred in deciding
that no poisonous article could be add
ed to proprietary food brought to-
Eether by man within the meaning of
the pure food law. which declared to
he adulterated any product with added
poisonous or injurious ingredient" The
justice said that from the language OF
the statute Il was evident that added"
meant "artificiaIly."
cit is evident" said Justice Hughes
that Congress did not intend to give
immunity from the law to proprietary
foods to contain poisons merely by rea-
son OF the choice of some formula or
name
Judge Sanford. the trial judge, de-
cided that If caffeine had been put
into the product, the case did not fall
within the law and did not submit the
evidence to the jury
The case is rcmanded back to the
District Court for trial. II was first
heard at Chattanooga from March IS
to April g. 1911. shipment of Coca
Cola from Atlanta to Chattanooga had
been seized by agents of the Bureau Of
Chemistry. Department of Agriculture,
under the pure food law, on the ground
that the caffeine was an added ingre-
dent"
The government appealed from Dis
trict Courts ruling, but the decision
was affirmed by the Federal Circuit
Court at Cincinnati. in 1913. Appeal
from that decision was taken to the
Supreme Court