The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-03-17
|OFiAAtRTy LOSES Case;
Street CARGO. UPHELD
Verdict, Awarding Lawy-r $500. Ii
Reversed BY Supreme Court
of Appeals.
BOTH SIDES ARE NEGLIGENT
Southern Railway Admitted Fault,
But Plaintiff Was Also TO Blame I'm
Jones Case-Other Decisions.

Among the interesting opinions
handed down yesterday in the Su-
preme Court of Appeals in the case
of the Virginia Railway and Power
Company against ID. j. OFlaherty.
TIL case has long been pending. Mr..
O'F'laherty, a well-known lawyer,
failed to deposit his fare in a pay
as-you-enter street car. He offered
the conductor a ticket when the lat
ter called his attention to the fact
that he had not paid his fare. The
conductor informed him that under
the fare in the box at the rear of the
car. This Mr.. O'Flaherty refused to
do. continuing to offer the conductor
the ticket
Then followed an attempt by
O'Flaherty to leave the car and an
effort by the conductor TO prevent
his doing so until the ticket had been
deposited In the box The handle of
the car door was broken. Mr..
The lawyer was taken in the patrol
wagon to tie station, where he was
bailed. He brought suit for false ar
rest and was awarded $500 damages.
The company appealed and is up
held, the court deciding that the COM
pany wa within it's rights.
Mr.. O'Flaherty, 1t Is said, intends
to bring the suit again on other
grounds The case has been In the
courts several years
CITY Must Pay Damages.
In the case OF the city OF Rich
mond Va. jackson, the lower court Is
affirmed. jackson. a newspaper car
rier, fell into sewer opening. re-
I'D, t., fa- xx1tt Nt,
gave him s7oC damages. The city
must pay this money.
The case of Jones against the city
was reversed and a new trial granted.
In this case Jones was on the rum
ming board of street car goi along
Perry Street. in South Richmond. and
a wagon 9. cart used in excavating
for street grading struck and injured
him. tet4nus resulting. which caused
death. verdict for the city Is set
aside. and the case ordered TO be re-
tried.
Both Sides Negligent.
The. case Of the Southern Railway
Company. corporation, against
Joseph Jones' administrator. from
the Circuit Court OF Richmond was
reversed In this case Jones' admin
istrator sued the railroad and got
$4,000 damages. The suit is re-
suit of an accident June %, 1914. on
Williamsburg Avenue. The court
holds that while the railway admits
negligence, Jones and the driver of a
wagon, in which he was seated when
struck and killed by the train. We're
also negligent In that neither stopped
or made any effort to watch for an
approaching train when crossing the
track.
In the case of the heirs of Oscar
Fl. Berry. the will of Mr.. Berry Is
upheld The case was a legal tangie.
involving contracts with Messrs.
Starke and Norman. the confidential
men at Berry's store. The meaning
of the words met profits" was
matter of legal contention.
Thomas B. Boudar. VIII got a YER
dict against one Carlton. the driver
of a taxicab and the Richmond Trans
fer Company, owners of another taxi
cab with which Cartons car ollided.
is to get $4,000 awarded him. The
court sustains the verdict of the lower
court Both -tfie-driver of Boadaf,s
car and the taxicab company are held
liable.
In the case of the Richmond Hotel
Company against the Commonwealth.
from the Hastings Court OF the city
of Richmond. In which case the State
won. the case is reversed and the
state loses taxes Claimed from the
hotel. The hotel company claimed
that under the Byrd law what Is
known as Ordinary" license was
abolished II Is sustained.
The Dalton Adding Machine Com
pany will have to pay license to do
business In Virginia. The case was
appealed from the State Corporation
Commission. which held that the fee
was due the State. The commissions
ruling is sustained.
Tsit of Opinions.
The following opinions were handed
down by the Supreme Court yester-
day:
Burton VS. Burton. Circuit Court
of Augusta County. Decree affirmed.
BY James Keith, president
Pocahontas Guano Company VS..
Collins-Piass Company, Corporation
Court OF city Of Lynchburg. Judg-
ment affirmed.
Southern Railway Company vs.