Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1920-03-19
.LUMPK|N LOSES FIGHT IN
State SUPREME COURT
Ohiccr's Demand for Trial by Mayor
Rather Than by Police Chief
OycrruIcd

Policeman Marvin T.. Lumpkin. of
Richmond. lost yesterday in the SUI
premc Court Of Appeals his long fight
TO haro the hearing on charges pre-
ferred against him diverted from Chief
{. a. Sherry TO Mayor George Ainslie.
The court, likewise. decided against
the officer in his demand for a trial
In open court. with the right to bring
witnesses and appear by counsel.
holding that the manner indicated by
the chief in his summons for a hear
ing IL sufficient under the law
Appeal of the case was noted by
City Attorney IL. II. Pollard from the
Wells granted "a writ of mandamus
compelling the chief. If he tried Lump
kin at all, to try him in open court.
court were not passed upon.
First Opinion by New Judge.
Judge T.. w. Saunders. in the
sherry Lumpkin case. handed down
Ms s mdlden co opinion as member a., Of
was elected by tho General Assembly
drurinG the session just closed to the
seat made vacant by the resignation
signed as II member of the Hous" or
Representatives from the Fifth Dis
trict to accept the judEcship.
In the case OF Emma Lee Vaughan
against the Mayo Milling Company.
the Circuit Court of the city of Rich
mona was reversed. ~ verdict oil
Sl7.314,27 in favor of tho plaintiff was
set aside in the lower court because
Of an alleged error in instructions.
phH SnpremS court entered an order
Joseph l.. Kelly. president OF the court.
handed down the opinion.
The action was brought against the
Mayo Milling Company after a build
ing. leased by the plaintiff TO the com
pany. had collapsed. tho claim bcin,;
Ia
grain. She asked damages in tho gum
OF moro than $4,000. \ cross claim
company. Three trials were had. AZ
tho first the jury failed to agree. The
second /, resulted sui in verdict for ,h.
third, the company was awarded the
sum OF s595.63.
Award Against city.
Judge II. Il. Prcntis disscnted from
| the majority opinion OF the court, af-
Law and Equity Court OF Richmond
to Marian s. Rose for injuries alleged
to have been suffered because Of i'm
proper paving: The position OF JUDI
lower court is sustained. the city is
called upon 70 exercise the greatest
the court has laid down the doctrine
Of reasonable" care only.
a list of opinions handed down yes
terday follows:
Duncan VS. broadway National Bank. Cir
cult Court of Cu!pcpcr County. Judgment
affirmed.
Commonwealth VS. Patterson. .: al. Chan
cory Court OF city OF lsichInond. order
affirmed.
ssc esas ": fSsSs sEsS Court Of Hen"
cult Court OF city OF Richmond. Judgment
Fourth National Ea1E q Mon.'E3mergg,
Richmond. Judgment reversed.
BY Judge Frederick W. Sins:
Chesapeake and Potomac Telsnhorss Com.
OF city OF Enrfo!k. IndGm"nt affirmed.
ire. VS.. Ia gay Marshnl Realty COMPANY.
Circuit Court of city OF Petersburg. JudG-
CITY Of Richmond We. Ecsc. Law. and
Equity Court Of city 81 Richmond. JudE
tnent affirmed. rrontis J.. dissenting.
Cumming Cumming. Circuit Court 81
Elizabeth City County. Decree reversed an!
remandcd
by Judge Robert Il. prontis:
Standard Accident Insurance Company ".
WalkeC. Law and Equity Court of city OF
Rchmond. Judgment affirmed.
Meany. - ais, ". I'riddN. ct ais. Chan
Gerry Court OF city % Richmond. order az
!irmcd
Seymour. Corporation Court OF city OF Dan
Brown vs.. FriedbcrC. Circuit S1urt o. city
Norfolk. Southern Railroad COMPANY w.
Fent-.Ss. 81 al Circuit Court OF Princes.