Newspapers / The Charlotte Observer (Charlotte, … / Jan. 7, 1908, edition 1 / Page 3
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CHARLOTTE DAILY OBSERVER L X 4 , X VVO. f 1- SUPEEME COURT DECISIONS ?Vf! W. Watson vs. Atlantic Coaet;X.Ine I . Railroad Company. 1. Kallroads. .Transport, Evidence, 1 Burden of Proof. Instructions, Ques- ticns for Court. - . rh.n it is admitted that certain articles were received by defendant to be-transported and delivered to plaintiff, the party aggrieved, br;h :i point being in me otair, mo J'""" r separating them fifty-eight mills, with but one Intermediate point between ft the place or shipment and destina t tlon, and that they were not delivered -. uintm within tw-entv-one days, Knout explanation, the court should ...... n ih inrv a a matter of law S ' 'hat the delay' was unreasonable, 2. jiame. - . i When th Initial carrier delivers goods to It connecting-carrier neces . ary for them to be by it further f transported to their destination, and 4 v y unreasonable delay occurs, Without ' V'dence a to which Cerrier was re- . ,nnible for the delay, the tieienuani. toe Initial carrier, is liable for the en tire delay, the burden, or proor Deing upon It as the party having tiie evi dence peculiarly within its on knowl edge, or possession. - . . ' 1 piiwiroaas, jrenauy ouiuvcs, Tranport. Constrtretion. JTnJef "Kevisal,- 263i. the two day S at the Initial point are allowed foT the purpose of giving a reasonable yme to begin the transportation; the forty-eight hours at each intermediate j.oint arc allowed for the neceasary change of cars, or unloading and loading- and Jt in not a reasonable :on tructlon of the statute to deduct t.jo day of the receipt and the day of a livery from the time thus Ud 4. Bime, Sunday. i f the time for the transportation of goods alfipped by the defendant car--rier aa fixed by Kevls.il, Section 26.fi Ss not affected by Section 2613. pro hibiting freight trains to run on sun days, etc.. and the Intervening S.m- l..daya,sfcPMld.not..be counted, especial ly in a shipment when the entire dis tance Is not over forty-eight ml'ej and five 'days free time is allowed. A. S. Brick vs. Atlantic Coast Line Hailroad. ' 1. Judgement, .Estoppel. .Jurisdiction- . ' ., , The plaintiff W not estopped to ibrlng another action In the proper tribunal against the same defendant upon the J-ame subject matter, by a Judgment dismissing the former ac tion for lack ot Jurisdiction. 2. Railroads, Baggage, Sale, pur pose of, Negligence, gross or wilful. 0 Articles carried in the trunk of a passenger for the purpose of sale, are not baggage for which the railroad .s chargeable, except only In tort as a gratuitous bailor, for gross negligence or wilfulness. 3 Same, Baggage, User of Ticket, ' Bailee, Orantuitous. Negligence gross or wilful. . . ' The carriage of personal baggage Js incident and personal to the uer of the ticket. Generally where the user was not the owner of the bag gage, and the owner was not traveling wUh him, tho carrier without knowl edge and acceptance of the conditions 1s not liable to the latter, except as a gratuitous bailee, for groSs negligence or wilful injury. - 4. Same. Parties. ' The owner can maintain an action against the carrier for gross negli gence or wilful injury, in the loss of certain articles packed In the trunk of the user of tho ticket. ( 5. Evidence, Instruction, Harm less Error. . It Is harmless error In the court be low to Instruct the jury that in no event could the plaintiff recover, when ' the recovery could only have been for gross negligence, of which' tliere was Tio .evidence. Charlie Flowers vw. Iwls King. 1. Process, Service"! Wrons; Party, Judgment by Default, Reme.ly, Prac tice. " The defendant was ejected from a piece of land by virtue of final process issued on a Judgment by default, the- original process having been served nn a different man of the same name; the real defendant never entered an appearance, and had no knowledge of the pending action- until the service of the writ of possession upon him. lipid: i.he Judgment is absolutely void; 2, and may.be set aside' on mo ' tlon of defendant, or treated as a mil lity. - - 2. Pame, Merits When It is made to appear that the Judgment against defendant is void by reason of an entire lack of juris diction of the party, he is entitled to have it pet aside without proof or suggestion of merit. William Allen vs. Atlantic Coast Line Railroad Company. I. Railroads. Damages. Is.ues, Last Clear Chance-. In a suit for damages on account of the alleged" negligence of the defend ants, when the evidence shows that the plaintiff was an experienced ( brakeman, and while helping a fellow; rrrvant to place no me cars on. a siding. attempted to get upon the cars in an unusual and unforeseen manner, and fell between the ars and was injur ed. It wat proper for the court be low to refuse an issuers to "the last clear chance." 2. Railroads. ' Running Switch, Klicnce, per se. Making a running switch Is n.t neg- ligence per se on the part of the em ployer having the employe to make It when the detached moving car has a brakeman on It and Is under con trol. - - - 3. Railroads, Contributory Negli gence, Questions for Court. When "it Is the duty of the brake frian to be on top of the cars as they were being "shunted" or "kicked" from the track on to the switch, where fhey were to be placed, and he Jumped from the ground to a moving , coal car, next to a shanty, for the nurnose of ascending the ladder of the shanty, and iaw the switchman in the act of "oiJttlng loose" tliej shanty, as Ordered and endeavored to: leap upon the rhanty as it was "cutj loose." anJ fell and was injured, such' Is contributory negligence, and will i bar recovery In a null by him against the railroad company. T-lis and Hook vs. Atlantic Coast Itf.liie Railroad Company. nV " Railroads. Penalty Statutes. 'VVsport. Time Computed, f Tnder Reveal. 2632. the time in t- which railroads, shall transport f reight j Ti a HTje "cottip a t prp" by -xHttdiW t he t first day and Including the. .last, ex cept when "the lat day falls ot Sun day. 2. fame. - ' Though RevlsnL 3R44. prohibits freight trains from running on Fun dav within certain hours. RevUal. 2K32. does not exclude Sundays from the reaonable time In which ril rr.a.li are given to transport freight. eTcent when Fundav is the last da v in computing the time. I Revlsal. SS7..1 (The time allowed, unrJer RevlsaJ It poe to the !-rt cf ii:ve-ie, strength rrs and invlworetea Its life-glvlin- ouall-t:i-a are t-rt ci nt.ilr eil In any- otli.-r r'-"n-edy. Holl'i-tera Itn-ky M u italn T.-a ins Htood the Mvr il tPFt-Ilmo. j- r Unity yars the met remedy. ;l5c. T;a er Tablets. R. H. jurdon & Co.', .- . - 2632, when yiot necessarily taken for the specified purposes, discussed). ' 3. Saiut, Intermediate Points. Uan intermediate point for which time is allowed under Kevisal 263S in transporting freight, is such only aa where the freight is transferred to an other road. C. S. Modlin v. Roanoke Railroad; and Navigation Company. 1. Deeds and Conveyances, Timber, Standing, Description, Specific', Gener al, Cpnstruction. , When a deed conveying standing timber contains a general description followed by a-speciflc one. the latter will control the former only to t.ie extent, required to reconcile the two, and in subordination to the principle that all clauses of the deed shoVli be given effect aa far as t'aey can be Tiar rnonized by a fair and reasonable in terpretation. - ,'. '-. --.-. 2. Same. When the general description In a deecL-of standing timber conveys "all the Dine. oak. ash. cypress and pop lar of specified dimensions. wlth-tu the boundaries of the entire Harmo Modlin, forty-two acre tract," speciil cally excepting, "as to that portion lying on the, souttupf Copper Swamp, whereon only the pine, poplar and cyprets were paused, the specific de scription relates only to the locality named, and controls the generarae scrlption to that extent only. , 3. Deeds and Conveyances, De scription, Fraud, Options. - ivh' it i nrooerly established by bhe verdict of the Jury in an action to set aside a deed or stanaing umuu that fraud or deceit was practiced up on plaintiff, an lgnffrant man. unable to read or write, induced by false and fraudulent representations of defend ant as to Its contents, making plain tiff believe that It was in accordance with an option thereof theretofore ob tained from him. but was, in fact, a conveyance to defendant of a much larger amount of timber, the evidence of fraud and deceit is sufficient and the Judgment will not be disturbed, 4. Same, Remedies.. - ' Who has been induced to convey his-property by fraud or deceit, has an election of-remedies, either to bring an action to set aside the con veyance, unless tha, property has pass ed into ownership ef a purchaser for value, without notice; or, allowing the conveyance to stand, he may sue toktecover damages for the pecuniary injury Inflicted upon him by the fraud. Retaining the purchase price is not in the latter case a ratification. or the deed. . , 5 Same, Evidence, Extrinsic. W'hon the deed, which la alleged to i.n.r )un fraii.iiiientiv OOliUHCU tia c wvw. - - - . ...I i ..mr!9nin w th nn I j ( I L DtllUS 1 1 , ..A i. v " v. -- .- - tlon theretofore given, stands alone as embodv nsr the contract or conv9"" nmirici r.-)i a between the parties', wlthoufreferringithey do, and the defendant interposes . ... . u loot nonieil nanerlnn nl iwthii or does not except thera- to tne pw. Mr Is comnetent evidence in proper m- iinnrM unnn the nuestlon of fraud, and to phow whether the deed com plied with Hie option; but is incom petent In aid of the description in the deed. , , . Same, Knowledge, Falsa Repre sentations as to. When the agent of defendant charg ed with the duty of obtaining a deed from plaintiff in accordance wnn a.i nrtfYn Heretofore obtained, positive ly asserted that he knew the contents of the option and that the deed was In comformity tnerewnn, ana m-n he does not know whether his asser tion is truo or false, he Is as cul pable. In case another is thereby mis lead or injured, as if he maao an as sertion knowing It to be untrue. Same, Timber, stanuing, uc- w.,.n t i establ stie.l inai me i- ftndant obtained from tne piainim iinain or cviui-nce. deed of timber by fraud or deceit, and ; . ,.,-,l tri timber to a imra per- tlon is not de-la pen'lent upon the question of the rc-!fact that the child had been actually movakof the timber, in an action forjcarrled away as well as that the de damages. 8. Samc Registration. Limitation OI AtUl'll". -' I In an action for damages ior oniani- Mignt in any oo (.-u uumamuiv, ... Ing bv fraud or deceit, a deed f rom : teriallv strengthened by the total, ab plalntlff conveyinir a larger amount I sence or vestige of any other agency, of timber than was Intended to be; Hence, evidence is competent tending conveyed the stature of limitations to prove that thehild could not have Applicable I Revif-al, 395. sub-sectlnn I P and begins to run only when the In-j jiired party first discovered the. facia, or could have discoyren in-m u.v i.i.. exerclse of proper effort" and reason able care. Registration of the deed Is not in itself sufficient notice of such fact. ' George B. Webb ,ct al. Vs. T. R. Bor den et al. ' 1. Deeds nl Conveyances, Fraud or Mistake, Plead ings, Evidence. . When plaintiff, claims under a deed, the terms and provisions of which are set forth in the complaint. In the ab rment of . mistake. they will not be permitted to iniro-. objection, on airei-i hhuuuuuu, ..in duce testimony for the purpose of.crrnlng an article published in a shewing a mistake of the draught newspaper. In Which the defendant man The same principle applies a!d the kidnaping Idea was absurd .. i iv. ,mmi doe.l I loKt and a'arnt remiested witness to contradict siibntituted -one Is set out In the cony- plaint. ' . ': 2. Same. Mistake. Correction. ,1. ham of Title. Pleadings. Question for Jury". A plaintiff In an action for the re covery of land may. upon proper averment and proof of mistake, have . . r ..m,rn,.t a, i a need in niw cuam "i v.c The facts upon which Uk equity tor correction is based must be alleged In the end that if denied an issue may be submitted to the Jury. 3. tHme, Trusts and Trustees, Ous ter. Action. "When the trustees holding lands Impressed with an active trust In fa vr,r at' i: Tt for life, remainder to themnves. permit J. B. to be oustedthe conduct of the attorneys bv a stranger, fcuch ouster puis the i the trial, by the use of impr trustees to their" action, and the statute of l!mitati6ns began to run against them from the ouster. 4. Same! Trusts and Trustees, Oust er. Limitations of Actions. LTnder Revlsal. Section 15S0, trus tees are seized as Joint tenants and not as tenants in common; where there Is an ouster of J. B., the cestui qui trust, under 'a deed made by one of them, acting as commissioner un der a Judicial proceeding to a third partv, such deed is color or title; the sevrTrvears staiuie oi nnniaimns wjii har the rlsht of entry of all the trus- tecs and their cestuis qui trustent. 5. .Same. Trusis and Trustees, Fraud or Mistake. Equity. Land was granted to several chil dren In trust to jay over the. rents and nrofits to tneir lamer, ana pro vide a home thereon for him and his family for life,, remainder to the chil-; dren. trustees. " In proceedings for : dren trustees. " in proceedings for fimllng tnat mere n prmpnrsirru partHSoF befofefthe--W children was appointed commissioner Jurv aeainst the, defendant and no to sell, and did sell and by doed, forlsvifTlctf nt evidence to support any such a valuable consideration convey the . allegation if made, lnnd to one under whom defendant) 9. Under n Indictment for kldnsn clalms title. The children, tru-steesj Ing Jt is only necessary to prove Jhe and remaindermen, seek to set aside (taking and carrying away of a per the dped of the commissioner for!son forcibly or .fraudulently, fraud piftrcTpated in by-him and th-f' 10. clerk of the court. s!nc. dead. upon:. A bill of Indictment Is not .1e tho par"! testimony of the com mjli-; feet I v which conform tf '' rfatute pir-nPr.-Held: After the l.ipseof ta-p-i. : making jtbj rart'cular act an offense, ty-scven yr-ars courts of .'equity wlll'snd sufilcb-ntlv describes It 4y. .term rot Intf-rfere. . - i bovine a definite and sneclflc mean- ' yM.m.v v -'-.-.--).'- j-itie. without. perlfylng the-- means of D. C. S'rlcVland et al vs. T ,M. Per- do.ing theact. Is sufficient, to Hns & Co. . ' jcbarge the err Itwlf wirbout Its at- Prlnelpil and Agent Vender ami, tPndant circumstances Vendue. Chante of Agent,. Contract. Question f or .Xury. -' " - ' Vhen,the plaintiff has bought for cash, of 'the defendant through Its broker certain roods for prompt' de- livery. of which only a part wa ac tually delivered, and suit -is brougut for the halartr and .the defense is that subpeuuent to tSe gale the plain tiff made a separate arrangement with the broker for the delivery of tne goods, the Question raised one of fact. and under conflicting evldence-4he ver dict will not be disturbed. Jamej Davis vs. Atlantic Coast . Line Railroad Company. ' lividence. Corroborative, Employer, Jumping' from Engine, Self-Preservation? Extent of Injury. Damages, ; In "an action against defendant railroad company to recover damages for injuries alleged to have been sus tained by plaintiff, its fireman on Its engine, on account of being compelled, fer-sir-preservatlon. to Jump there from injflgdiatcly preceding a collis ion with another train on deendnt's track, -wherein the defendant denied the necessity for plaintiffs Jumping and the extent of the injuries auegeu, evidence of the speed of the engine and the conditions of the wrecked en gine and cars Is competent upon the questions of the necessity r,f or plain tiff's Jumping and of tha extent "vf the Injury, being corroborative of the plaintiff's evidence thereon. Q. E. Mldyette, Admlnrsfrator vs. Lucy M. Grubbs, et al. , 1. Standing Timber, Realty. ' Standing and growing timber is realty, and inArests concerning them are governed by the laws applicable to that kind of property, - 2. Same. Heirs, Dower Interests. It appearing that the intestate was the owner of certain standing timber, by virtue of three deeds made to him and his heirs and assigns, standing and growing upon certain lands, prop erly described and bounded, which would measure ten Inches across the stump at the time of cutting, with the right to enter on said lands and cut aid remove said timber within certain periods varying as to certain tracts from seven to ten years, the administrator as such, Is not entitled to the timber, for it devolved upon Xhe heir, subject to the right of dow er -of the widow, both Interests de terminable as to all the timber not removed within the time specified in the deeds. State vs. Joshua Harrison. 1. When a cause Is ordered from one county to another, the law im poses upon the court the, duty of se lecting the county to which the cause Khali be removed. When tne court Ofl-iKtates that tne counsel iur jne nunc i ... - - - VJ ....... . cutlon could name any county in tne,off a jemurrer will be sustained. ... if to, ne is uciiiku in nv -M v, excepted to In apt time wnemer re versible error hud been committed, and new trial ordered. Quere? A map may be used by a witness tr. oinhiin liia testimony and enable the Jury to understand It., though it 1 mav not be admitted in evidence; and j n witness mayhow tberehv the loci-1 tlon of his residence when such ls:u,CBe' ,.tia material and relevant. 1 When the State rtlles on clrcum-' s at present. This Is niwdi- li'-cehsary lii stantlal evidence In an Indictment , ordtr to inkj tbe tnnli; line No. , vn ,ifpnrlnil foi- kidnaping atnectlon at Monroe, which will pt.ss tlmt against (Icndant roi , n .., a n) ccniirClmK at Hamlet buy. it Is comnotent to show by a w"-,,, No 40 f)r vvilnilngton. and an-lving n(.s that the defendant was a neigh-!at portfcmoutli-Norfolk at 5:S0 p. in., re bor of the boy's- parents, and know-1 smi,g conniption with steamship lines Ine thereof, took no part In the gen-ifor Washington, lt.iltlnorf, rape eral search Instituted by the ' nelg.l- bars, in which several hundred per-. si.na nnrticinated. such being a clr thought". Jilight. in the cumsiance m an innicinu-nt for kldnaplirg child, tne State must establish the fendant Old 11, BI1U, tin umsidiniai evidence being relied on, the force of evidence of this character, tnougn ..... ... I. -,. been lost In a soun residence, "for that boats," and that ." t It Is a harbor for there are usually plenty of fishermen and gunners on the sound and fishermen near the wharf" also, "that the woods for miles around had been scoured In vain by hundreds of searchers." If such evidence taken in connection with the other evidence of time, place, motive, opportunity and conduct concurs In pointing nut the accused as perpe trator of the act. S After a conversation- between wit ness, the factor of tne lost child, and iht defendant, brought out without it, and upon cross-examination, witness was hanue.l a newfpa i-i mmaiuun en article hqaded "Kidnaped," and Teqiiested to say if it was the article referred to,- to which he rrplled it wa. it was not error to exclude the fur ther nurstion on cross-examination. ...v. v,- i,a ,nt..r did. not contradict nui-m.-i ,i - ir t.ie next nav. io undi. jm inum- tlon was evidence of the declaration of the defendant, and tne subject f the news-paper article Introduced by defendant himself, find his statements are competent evidence against him. 6. The Supreme Court will not cor rect the errors or tne trial junge or during' proper or offensive language, unless, proper ex ceptions were mane to the court . t the time. The Supreme Court wllj not cor rect the errors of the trial Judge un less duly excepted to; hor to the Im proper or offensive language used by nttnrneva during argument upon the .-I., i ,,niou rat.ed to th attention of t- 'n,rt helow. ad ho fails to cor- rert It. Oblectlons and exceptions to ! the. conduct or me rounari wn'iiiK". tne nrsi unie ft Sharp . retorts and repartee or counsel In the argument of the case, which bring applause from a large part of the crowd in the court room. .lastlnr svrnl minutes, will nft- fee. taken as sufficient ground for a new; trial, when such Is strongly reprl-I maided hv the Judge, and there Is n; finding that there was a precnneelvpo 0 D. . 1. Fishi-l v- E. R. Browning et at. I)efds and Conveyances. War- ranty. Allotment, Dower. Vaited In terest, PHeadings, Demurrer. The covenant of selzer refers to the title, andl not to the possession; and until- the allotment of the dower, ac cording to the' statute, the widow has po vested right Interest in the lands of her deceased husband, and when M does not appear that the mansion house was situated on the land, the question of quarantine is not present ed. A demurrer td a complaint is an action for damages, brought for breach of warranty of a deed, will be, sustained, when it appears, from the complaint, that, the feme defendant acquired title to the land by virtue of a rale made by an administrator for ine purpose or making assets,- ana w possession of plaintiff's guarantee was resisted by the heirs at law, of the in terest who had no right, thereto, and by the widow when her dower interest bad not been lawfully allotted', and when It does not appear that tae manse house was situated on the land In question so as to entitle her to her quarantine' tinder Magna Carta Ch. 12. J- 2JeeJs and Conveyances, War ranty, .Covenant. Statute of Leaes, Uses andVTrusts, Title, Title Para mount, Possession. As between the parties, the statute' of uses Immediately, upon tbe execu tlon of a deed, carries the possession to the barganer. In an action upon a general warranty, or covenant for quiet enjoymen. a demurrer is good to a complaint from which It appears that the grantee's possession was re fused by those holding the land- in controversy, and that the title of the grantse was paramount. i 3. , DeeWa and. Conveyances. Var lanty, Covenant, Title, Lawful Tltk. Quiet Enjoyment of Title, "Claims ot all Persons.' . A general warranty or covenant for "quiet enjoyment" contained In a deed is one of indemnity only against claimants of lawful title, thoiTgh nucii Is expressed therein as "against the claims of all persons whatsoever." 4. Deods and Conveyances, War ranty, Covenant, Incumbrances, Dow er, Measure of Damages. The right of dower Is such an in cumbrance upon the land as to work a breach of a general warranty of covenant of quiet enjoyment, but be fore the allotment of dower there can be no damages by reason of the existence of the right. Therefore when in an action upon a breach of warranty in a deed It appears from the complaint that damages sought n account thereof are for counsel fees, cost and intarest on the entire pur chase money paid In the prosecution of a successful possessory action against the widow Whose dower inter ests in the land hart not Deen laid . f I 1 Important uiange in oeaDoara Passenger Trains Schedule January 5th, 1903. Inauguration of tlir Senlmnrd Fb'ii'ia I.lmitvd bet wren Ntw York and bt. Angustlr.e, Florida. . below u . u.e W"" V" tie.. Hi" most irrpjrijnt or anues is" xo. 4 wiucn itaves I'Lai'lDtl- al 4'a. m. lni.l-ad ot :' n. jn. Clinrles Nf Voik nml Boston. No-. 153 from Monroe ti-ntKitliig with 'o. !W from Portsmouth will, arrive it Cliarlottd 10:10 a. m. No. ". 1!:45 p. m. from W ilmlnton. No. 3ft, 1:25 a. m.' connecting t Monroe with No. 41 from Portsmouth-Norfolk. No. II'.'. leavo Charlotte 7 p. m. connect ing at Monroe with No. XI for I'o.ts-mouth-Norfolk, No. Si will not connect at Hnnilet with Ko. M for Riclimoi.it. tnd Washington as heretofore nd i'uU man 'passengers taklns tlris train from Charlnttn and M6nro. will be handled on No. 31 to Jolnison street. 'Knltlgh. and attached to thn I-'lorlitar Limited No. 5. leaving that point at 4.15 a.' m. It will be ncci'ary for coach tassenqurs for Richmond fdrd Washington to b-ave Charlott on No. 44 at 5 t. ni. for Hamlet, taking No. 4 leavlnp Hamlet nt I'Vj p. in., arriving nt Riihinoiid t':(ft a. m.", Vnshlnstton 9 'Ji a. ni. No. 44 you will rota will leave Char lotto "W"minutes rarller tl.an at prerit, No. 4J now leaving Charlotte for Wil mington at C : ;. in. will bavn at 4 a. m. in ordtr to connect with No. S8 No. 132 l.ss through slwper, Char.Iottn to Portsmouth, mid eonrf-ction Is madl at Monroe with No. 32 whirh has througb drawlnsrootn Meeplng cars to Washing ton snd New York Itnndled on the Hta bcard ..Florida Llmlteil.- Ccnnec'lon Is nisi .ma-if nt Muro with trains for At lanta, Dlr nlngham and points West, sr.d at Ilaml't with throuwh vestibule trains for Columbia. Hnva; .-iah, Jackson ville and all Florida points .For Information regaiciii'g rttes, sched ules, etc., apriy to - JAMES KERR. , City Passenger Agent. Charlotte. N. C. C II. GATTIS. Traveling Passenger Agent. KaMxh. N. C. SEABOARD These arrivals and departures as well As tho timo and mmecllou with rther companies, are giv.;u only as informa tion and are njl tru:i rant ml, Lirect line to Ihj princ'pul cities North, Last. Si'iith und Sulhwst. K-hetule taking effect January tth, VM, subj ct ic change without notice. Tickets for passage on ull trains are sold by this company ami ai-reptcd by the rswncr witn the nn-U'r.'tHr.diPK that this company will not be r-HiHpsiolH for faJ':re to run Its tmlna on rchedult! tlrnr. to their operation. Care Is extrclsed to give correct time. of conncctltnf lines, but this otiiTipair ' not - respoiuililo for r rrs or omissions. Trains leave Chnrloitc as follows: No. 40. rtaily. at 4.W n..m., for Mon roe. Uamlet and Wilmington, imnif um at MioWne wlih 33 fur Atlanta, Uirnir.n l.utn und the 8utl.: t; with .38 f-r Uaf igtl. Wehlon a-id li;tsmoutli; with -W at Hamlet for Raleigh, lltchnuml, w ash- lire ton. New Vork No. m. da 1 1 v. at nt for Lfh .rcl"',,n Shelby nrt Uutberfordton with tout chai ge. . No. 44, A illy, at 5:"n p. m.. for lonroe, Hamlet. Wilmington and all i-otnts, connoctln? at lnret with 43 for fVlum bia, favanuah end all l'lorlda points. No. JS2. dully. ".: p. m , for Monr-ie, eom ectlng with 4t for AUftnta. rriiiliitf liain mid the outliwest; with M ( Ilnm-N-t for Richmond. Washington and NVw York and the Kl; wiUi nt M-.-nrw for Riileiitrh, I'onsniouth and Norfolk, Tl roush sleeper en this train from .Char- PHt': N. C, to l'orlwmouth, a., daily. Trains arrive in harlot t" as follow s: No.. 1. 1" , J. "it .iajr frorn points Ni-ith ana Fctini Nn. 4i oaliv, p.. m., from Wllinlng. ton and all loial rohits. No. 132. d illy. 7 't p. m.. from Ruth-r-furdtf'n. Slhiby, Llncolntor. and C. A X. W. Hallway poinls. No. 3s, 1 a. m., dlly; fnm Wllmlng- ton. Hnmli-l and Jnnro"; a!s- frum point Fast. Norlh and Houthwet. ton-, lipi-tlnr at H:imb-t and 5Krne Conni-cliona Are. mid at Hamlet whh .-ill thitn-ch tculns for points North. fout1) and Fr.utliwt, whl.h are cmn- Fed of veit day cach Ivlwwn 'ortsmouth arid .Atl.ir.t. and Waaltinc ton and J;ickiinvtll. aixt slefplng cars between Jemy C'ily, Hirmlnuh im td Memi'h's. and Jv;y City and Jjf-kson-ll. 'af cars r.n all tl mngn trains. Kf.r Intcrmatton. . trme-taht-s. rrv tnni ' or .-boHr-l dvM-rit tive J.'t-rutur ajiiy to I !V --t fnt!i or adJrf: JAMF.t Kfcll. J1L. C. p. A.. 22 lwva. Hotel. tarlotto, N. C WILLIAM FIRTH, Pre AMERICAN - J. S. COTHRAN, THE PATILNCE OF. JOB. Could Hardly F-ndur the Torment of Itching Files. Itching piles is constant torment .so is eczema. No comfort all day. no rest at night- Can't keep your mind on work. No use to go to bed. Suffer no longer; use Doan's OInt ment It gives relief In five or tea minutes. It cures in a short time cures you to stay cured. Charlotte people endorseTt.' f Henry Grose, miner, iwng at JUS Vitk Tnrnn atrnet Thai-lntta M r; Baya; ..j wA Doan'a Ointment.' which I procured at R. If. Jordan & Co. a store, for a bad case of itching hemorrhoids and it has undoubtedly cured me for good. I have not been bothered since I have tried the remedy. It is a fine Ointment and I am pleased to recommend it hfgnlyT For sale by all dealers. Price GO cents. Foster-Milburn Co.. Buffalo. New Tork, sole agents for the United States. I Remember the name loan's and take no other. Mothers Fathers, wilt you neglect a sacred Duty? f You know that winter .months bring eclda and you know that Pneumonia Is to be dreaded. Croup is dangerous. GOW 'AN'S PNEUMONIA CURE scatters Inflammation. It cures. Then buy to-day and be prepared. 25c, 60c external. All druggists. CURES COLDS nnrl f!RIDD It Removes . th Cau. Relieves the nches and feverishnesa. Contalnj No Acstanllid HOLLISTER'3 Reeky Hcuntain Tea Kugge! s A Blsy Hsdtc'n tor Busy PceK. tVlncl Golden Hulth and Ronewcd Viror. A stwoino for ConulpnUoo. tnaieUoa, I.lrer and Kidney trouble Pimples, Ecrm. impure ll.oot. Bud Bresth, S'.uRuh Bowf-l. Heudobe and Rftckii'be. lis Ror.Ur Mountain Tea In Ut lt form. 36 eenta a MX. O'oulna mule by Holmstyb Daoo Conrasr, Madlioo. Wla GOLDEN NUGGETS FOR SALLOW PEOPiH Through Trains Dally. Cliorlotta to Roiiuoke, Va. . Schedule in eneci Ni-v. S, 1907. j Lift am Lv Charlotte, 8o. I'.y. Ar 6:30 run S.lSpmAr Winston, Ho. Hy. Lv 2:2ipm 2:50 pm I.v Winston, N.& W. Ar i:W pm t:iipinLv Martinsville,- Lv 11:45 am ll:!5praU Rocky Mount, Lv 10:iW um 7:'.'5pinAr . Roanoke, Lv t.2i)am Daily. Coi'iii-ct t Roanoke via Shenandoah Valley Home for Natural Bridge Luray, Hagerstown. and all points In Pennsyl vania and New York. Pullman aloeper Rnnnoko and Phlladeliihla. T.limugh .coich, Charlotte to Roanoke. Additional train lfavcs Wlnrton 7. 30 a. m., dnlly except Sund.iy, fVr south west Vlrulnia und Hieimni'.r all Viillfiy points. M. K. hHAOd. Trav. Pass. ciit. W. R. LEVILU C.en I Pass. Agent. Roanoke. Va. SouthernRaiIway N. B. Following ieluia ng-.irrs put Halted only aa lufoi nmiu.ii and ain not Buaiai-.U-cu. January oth, Jls 3:39 a. m..- No. t, liiy. -for Richmond and local points, conpei-is ut Greensboro fcr Wlnaton-Kalem. Kak-luh, Uoldbori, Newhern and Mcrebeud C.ly, at Danvllla for Norfolk. J:55 a. m.. No. 39, dully, for Atlar.ti. Pullman ale.-pet and (iuy toachtb, Wusli InKton to Atl.inta. t: a. m.. No. n, dally for Rock Hill, Chester, Co:umMt ah- icul al.itioiis. m.j'i .a. m.. No. 4 dally, fnf -Washington and points N'Tth. ll'ai'dles PuUmun car and Jay coaches. Atlanta U Wah Itia'on. . 7:10 a. m.. No. M, dally eicept Sunday, for Hlitf nvilie, 'I j j lomfliio u.id louil iv,ints. ConiK-cti nt Moori-svlll for Vin-inii-Sni-iii. nnd nt Siateavill for Ashe Vllle nnd poillla Wen, 10:66 a. m., No. 33, dally, for Columbia nd A'lum.i. ttandlrs r-uliuidn nr, NfW YorK to Auxt-sta und day coachea, Washington to Augusta. Jjlnimi car service. 10:0S a m., No. 3. daily, for Washing ton and point North., Pullman Iruviiig Room !cpcr to New York nnd Klch-tm'-rd. lay coaches. New Orleans to Washington. Imilng car aervlee. Con nocta at tireetislioro for limtoii-Sult in, Ralcliih and 0Wibor. 10:4i. a. ni.. No. d.illv for Washing ton and iolnt North. I'ulhmm Priwum Konin aleefwr to N-r York, day coache Jat'kaonville to. Woahlnijloiu Itlniiu car ervlc. :o:fli a. nt.. No. 2. daily, for Wmston Ealem. Roauoka and local sf.tlons. 11 oi a in.. No. i. nal.'v, cw York and New Orleans Limited. Pullman Drawing Room slerplne ir Observation and t hih cart. New York to New Orleans. .Pullman Drawing lioom aleepiiin ir, Nw York to HhTriliiKhirm. Bolld Pull man train. Hltdiut car servlca. 11:14 a. m , No. II, dully, for Atlanta and local stations. Con noon at rtpai'tart burg foe Uwr-lersonvlhe and Ashnviu. 4 10 p m., No. 41. eailjr except Sunday for Hejea, 8 C. nnd ItM-al ,-iint.. 6:40 p. m.. No. 3, dally except Sunday, fre hi an 1 ( nicer, tor Chaier, . and Jocal :QS p. m.,- No. 34, dally for Washington and polnit N'-rth. Puuman ale-rpwr. Au- until to New Tork. l'lillmun loeper, ' harlotta to New York. Imy ;oa-;hes to Washlna-ton. Pullman !er, alnliiiry to Noifolk. tuning aeivice. ji p. in.. No. 1. o.idy exe pt Rundjv, for Statesvtlle. Tavlorsvllle and local p"lnt. Cnnnfti at 8tatvlll ir Ashe ilie, t.'rn,x ville, Cliattim-oga, Meniplila and pilnta Vt li d m.. No. i dally, for .tl".r.ta. Icit! to vM. aula. p ro- K9 " . dally, Nw Tork and New Orln I.lmjled fr WaithniKion nml palms North. Ptitltnan lravin4 Iioom aleepltt r. Ohacrvatlon and Club rars to Sew York, inning car ar Vl Bolil I'ullnitn train t 34 p. m.. No. -'v.. rally, for Atlanta and point- 8-mth. Pullman Lrawlfg l:oiin sleeper to New Orleans and Llnnm--bam.. Lay r mchea. Washlnjloii to New Or:-an rtriing ivu-e lu lo p. ra.. N.j, 79. CaIIy. l'r Cohmilila. Favanuah ond Jarkaonviiie..puilmaii I-raamg Roorn lpeer srytt day cC'Sibes. Vsahlrctwa to jMCksonviue. -Tick', slf-pln car r-rvattor!B, sd detail Inf-irnintk n can b obtained t ticket OfTIc- No. 11 Howth Tryou atret. C. II. ACKrilf. Vice I'res aid dt. l rr. P II HATlPVMCK. P. T. M. W. 1L TAYI-TiK. O P. Jk... Wa.hJi.gton, h. C R. L. VLRNON'. T P. A . tbartoli. U. -C FRAN MOISTENING THE 79 Milk Stretoston, Mass. ' ' " Sou'h RepreaentaJvfl, 40S Trust jSaS. CHARLOTTE, IT. 0. Presbyterian College For Women CHARLOTTE, X. C. Second term begins January 9, 1908. . Special rates to new pupils. Rev. J R. Bridges, D. D., President I T " (INCORPORATED! WISTKll OPEXIXO JAM AHY 2. 1908 Save 85.00 on Bingle Coursoor $10.00 on Combined Course 'by Registering before January 6, T808. Railroad fare paid. Short hand, 'Book-keeping. Knglish Taught., Write to-day for New Of fers, Journal and Catalogue. Address . "" RINti'S KfSIXESS COLLEGE Charlotte. X. C. or Kalcigli, X. C. I'XDEU XEW ALVXAGESIEXT jeSELWYM EUUOPEAN AXD AMERICAN'. European. $1.50 per day and up. American, 13.00 per day and up. Cafe open 4:30 a. m. to midnight. Prices reasonable. Hie Most Modern nod Luxuriant lintel In the Carolina. J50 ELEGANT UOOMS. 75 PIUVATE BATHS. Located In the heart of Charlotte, convenient .o railroad station, street cars and the business and shopping centre. Caters to high-class commercial and tourist trade. Table de hot dinners 6:00 to 1:30. Music everj evening C:3f EDGAR B. MOORE, - - Proprietor. Just a Step Beyond the "Southern" Station Location ninkcs this hotel the inot convenient one In this city, and tho manner in which it Is conducted makes it a cosy, comfortable and most Inviting placo for the tired traveler. Splendid cuislno -large, light dining rooms and comfortable beds. Caro and hospitality arc tho keynotes of , the house. . , HOTEL GLE&G Just a tcp beyond the station. KCOAL The best, the cheapest, -the cleanest is y "Standari A A A Ask for it X Standard Ice X A COAL AND ICE CHOICE CUT FLOWERS IIr W8 are, jaln, with verytMris In th way. of Cut Flowers. Th choicest selection of Cot Flowers. Ths best Strylce. Tha lowest price consistent with quality. Just a word about our ' Fancy Cynatlon. Ilorx, uiy of tho -Ilpy and Violets. They ar "o Xb Vork kind. Tha btst ever. Don't' fall to secure soma of thm. DILWORTil FLORAL GARDENS, W. C. SlcCboc, IToji. Oa-Phonp: Night call t Th om paon -Hospital (INCORPORATED). LUMBERTOiV, N. C. r-- wcu eqmppea nospuai ior tne treatment - oi an non-contagious, cases. Hot and cold vi irainea nurses. - . a X Special department for the sci entitle, ethical 'and humane treatment of whiskey and drug T hilits. .Dcscriptiyp circular sent on request. X m. K. a. THonpsoir, , - ; .JBeStt,ent Pbysk-ian anil Giral Slaaager, '"-'". LOLBEnTO.V. X. C. K B. COMIX S, Tlurr. 1 J COMPAN GREENSBORO. S.C I COALy lie next time Fuel Company ? 'PHONE 19 V Charlotte, Jff. C 211; business 100. medical and surgical baths. Competent corps m Gem i
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 7, 1908, edition 1
3
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