Newspapers / The Charlotte Observer (Charlotte, … / April 13, 1908, edition 1 / Page 8
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CHARLOTTE DAILY OBSERVER, APRIL 13, 1CC3. U. C. T; Column S ".' A GENTLE) MAN. :: waar m mlM a nu and kin A la thl world of ears you'd Bnflj to eenfle ho that In tho night would sot even stflke a light; vTwin U wcs hUl and coWfabout II would not put tho candle -eat: v otruthfal ha could not, ho oald. Kndure to Uo upon hta bed. To hens; a plcluro hero or there Waa something" bo could sever bear?' " And oft tho beatta of tho ra4a Jle knew must rtve tbo window penes He said It slwajrs cava hint soma ' Regret to have a Week ear come, And aa tho hmmi passed alone He ' hoped they would beoomo . utt troBa'. . ISest It become cowploUly-hri He would nor. evr crack a ioko. Or Trlo a fait because ho aaid - - Twa bettor if tho nail woro led. , To ahoe a horao ha hoard might lve It pa-WOnt! lo ao sensitive,- ; No tluf m hla r - Co I i tiu to ahoo a looaa. . To Lroo the tew he'd not agree, No matter what' the new might be, Jeat ho ahouUI five It needless pala ' "Or cojIJL t( tnukr -lt wholo-'afaini, "Wh -n feH Its Ugh and loftr tower He -toatd the town clock atrlko tho hour Ha shut Ma tara. ao areat hla woe To tklnk 'twould hurt tho hour so. ' Cm sucnr 6i T. though oft he tried. He fiuli ft Jock Jill door Inside, .Bocauao. whim nil waa bright and fair. It Beamed a shame to keep It there; And. oft ha lot Ma lamp go out ? When It waa pleasant all about, r.ecaua J.e fet it would bo a in If ho should alwaya keep it In. 'In darkneM oft. ha sits and alnga To kp from row king light of thlnge; Ho will not build. I know 'tla true, A" grata fire when amatl will do, -And ha apenda many useful houra . In taking; pfetlle front the flowers. 1 IVest from their little ahoota ahould ho Some quite appalling tragedy. - J. W. Foley, In New York Times. ,t; : Merclianu' Journal. Tho Merchants- Journal, which was meved last month from rtalelgh to Charlotte, made Its nrst sppearanoe from lta now Charlotte homo .taut week, and it la a credit to our city, "We are proud of thla paper and, wlah for Its management much success in ' lta Bow homo. Wo regard the move " ent of WU paper to our-ctty- ono- of Charlotte's very beat "catches" of 108. - Wo welcome you. Brother Johnson, and extend the warm, glad bsnd. , , , t : ' "v . Travellnr Men's Day. Ths Mecklenburg County Fair As sociation has set Thursday,- October JId. 10S. as "traveling men's day." Talk up this day. Begin now. We want every traveling man In tho bor ders of the taro Carolina present on that day. j- - -' i " 1 ,'t 5 What tlia Boys Say. - Four hundred members for Char lotte eouncU .br April lat, 1909. ; To attend ground council meeting at Aahevllle In - May one hundred '. strong. To make Thursday of "fair week" in October the la r gent day In their history. : ':Jy-M' Regular Meeting. ' Charlotte council will hold Its reg ular meeting- Saturday ntght at o'clock,. This meeting Is to be strict ly a tonal neae one. Every member should make It a point to be present and see Jurt what his council has been doing. Come, brother, To the Merclianta. Remember that the lime to boy the ' goods that sell Is before the demand la at Its height. That you can afford to stock np liberally on goodathat sell quickly ' when the demand begin sv-- J That we "boys" peed the business. . The pup that cheers Is a nolay piece 'of rockeiT.-"1-r--- ''- ----- Everything cornea to him who has the price. A rolling stons always goes down hill. -- - - - - " " There Is no nae to write a book - about why the V. C. T. leads and Is Joiner great -work. -Tou see the - f rutta At Its work dally. r' -- Some men grow uhdf ' rraiwnalbll- Ity; others merely' owelL - The -mule has a reputation., because ' It knffaa which end. of Its ability to use. i '-.- - - - - - . - -. Talk the TJ. C T.'a;they.carry on a great work. : Next meeting Saturday night at I 'clock. , Wo, want you. there, brother. ' : Every aalPfman should be his beat o-day little better to-morrow, if tioaaible. - -- . : ; , - Jf s salesman wants results, work 'and keep at work.-:r - . Mr. Salesman, do not talk your jr!oe ao moclirTalk-qBalttyrr'hat fa one of the many, secrets or sales manship.'- - ' Mr. Haleamati. ti you cannot give a emarantea to your cuatomer ss t-h line yon carry, you had better make a change-' Mr;-Salesman, watch profits and your" firm will look, after your salary, Mr. Salesman, satisfaction to your ruatomer Is of great Importance In the building up of your business. ; ;A sound argument is pot one com ; posed largely of nolae. ; .' A i trouble-hunter alwaya - cornea Tiome with a full game bag. Grand Council meeting In Ashe ' wllle in May. Plan to be . there, - sjrother, , A good time guaranteed-and a warm welcome awaits alL : -v",'' - ' ' '.Teraotiala. " ' ' ' ' .'-. ' Mr. II. C Marleyr of No'. 2i Coun cfl Grenboro, was 'a' Charlotte vis itor last wek, Brother Marley Is eenlor counselor of Greenaboro coun cil and is exceedingly popular with all the boys.- - Mr. Allen Toung is front j suq rearf ul trip in western North . Caro lina.. , - .: . Mr. John C Dulin will return to the city in a few daya Mr. R. H. .Fireaheets, one" of the croat popular' road' men Injthe Caro I naa, paaord through the city a few ri8 ya Mft,-on. jil ja-sjr JnSeW-Jori City on business. . : , . s , Jfr. M. H. Chirts, of NearkT !. J., hoee line is fancy canned goodaj Is n the cltyy stopping at the BIwryn, llr. John Slake la In after a very , -.-efui trip.; Mr. Blake Is, with - 1 urwell-Dunn Company and en- the- reputation of being one of tarefft drug salesmen that trav : e road. - - . v ' y SUPEEME COTJbT DECISIONS B. M. Whitaburatva.AtlanUe Coast tine Halt road Company. . "i , L When by agraement depositions were read upon tb trial of an actios. and it was testified that the deponent as at the flrne sick at home, for the purpose . of . ahowlog aha- could not be present, tho error, if any,' was harmless. x.- In aa action for damages for -the burning of plaintiffs house, -etc, by rea son of hot cinders, negligently emitted from smoke stack of defendant's loconio Uva, It waa not error In tho court below, ttt identifying a -certain engine which had paased immediately . preceding . tha. time of Lb Are, to permit plain US te testify that "the whistle he knew as Captain LTaylor's" was the one on the engine; when, .under tho whole evidence the loco motive In question was clearly identified, and the jury could not. have been mis led. ... ; . ,' -.--.. L Testimony of one who . was on the pramlaea of the plaintiff with another person Immediately preceding the bora tar of his house, etc- thereon, that .the other : person "said something like hot pebbles bad fallen on his hands and para him,' In the presence of the plaintiff. Is corroborative evidence when such pther person nas leeunea to tne race i. When the damages are claimed to have been . caused by the burning of plaintiff's house by reason of a defective smaks stack or a spark arrester on de fendant's engine, It was competent to prove that the same train had set Ore te properjt adjolnl ng thai . f . p lain 1 1 ft, or hear thereto, at or about the time in eneation. .- , . i. When It appears from the entire evi dence that a witness was permitted to testify as te fires canned by the same engine-oa-tne lity-af the week Immedl ately preceding the Injury complained of. It was competent evidence, and within the rule. tvneeK va, t.unoer Co., ut n. &, .cltad .and approved). (. Taken in connection with other rW- denoe, It wasoontpeteat:to identify the train, for a witness to testify that he saw smoke in .his own woods Immediately after seeing that arising from plaintiff's premleee. t. It was . competent to contradict ths evidence of defendant's expert witnesses as to the distance, hot cinders could havs teen thrown from lta engine, te show by witnesses how far they bad been thus thrown aooordlng to their own knowledge and observation. (. In an action for damages arising from the alleged , Imperfect construction of ' the smoke suck of defendant's engine from which hot cinders were tiirown up on plaintiff's property, causing it to take Bra. a motion aa of non-suit, upon the evidence, will not be sustained, when there is evidence tending to show that the sparks or cinders from one of de fendant's engines, eauned the fire, end expert witnesses teatlfled that, if this Was the esse, the engine was not proper ly equipped, or the spark arrester was not In" good condition. Rena Toung, by next friend, va. The Foaburg Lumber Co. t The interpretation of a written eon- tract, free from ablgulty, is a queation or law fur the court. - t Whan the construction of a written contract establishes the fact of an inde pendent contractor of the defendant, .the question arises for the jury to find rliether the one claimed thareundef to be auch contractor waa acting under the written Instrument at the time of the In jury Inflicted upon the plaintiff. 1 t. The written Instrument construed te establish the relationship of Independent contractor, does not establish such rela tionship when It. does not truthfully set forth ths agreement, and when, notwith standing the langusge of the writing. ths defendant exereiaes control over him In the selection and employment of the laborr or when there are such other facta ns to oonatitute him ' merely an employ. 4. Whan "there la no negligence ahown in the selection by defendant of etia with whom it has contracted that ho should do certain specified work, inde pendently of it, and not under Its con QUllkln and Gaakell vs. The Lake Drum- mond Canal Company. 1. It ia actionable negligence on the part ef the defendant to Improperly moor its barge ia lta canal, so aa to cause in jury to plaintiffs vessel while It was be ing towed by defendant through lta said canal. 1. A large barge, negligently moored te the bank of a canal, so that tnareby It ' ' is 'drawn or floats out into the canal, causing .-injury' to plaintiffs vsaaeL ' Inflicting . serious damage, are facta that come within the meaning of the term "obstruction.1 S. A causa of action is suit icently set out In' the complaint when the facts al leged apprise the defendant fully of the grievance asserted against him, and the injury for which redress is demanded. - 4. When the facts alleged in the Cora- plaint sufficiently state a cause of action. the defendant should move to have them set: out mere specifically, should be so desire. .-. -- -.- .-. Julius Manning and J. D. Webb TS. Is, E. Fountain, , .. . " 1. W became reaponafble for the pay inent of a horse purchased by M. of T with the agreement that the horse was te be returned by. M if it proved unsatis factory. The horse waa accordingly re turned, and F represented to W. that the trade had been made, and Induced him to give his promissory note for flTs, the purchase price, which was negotiated by F. Held: L The Caasa of action by W against F was based upon tho fatH lire of the consideration of the contract. food for money bad and received to the use of W; 1 The plalntHt could waive the. tort and sue upon the contract; a. The cause of action was within the juris diction of the juatlce of the peace. X. When the breach of contract in TTStvss artort the--plelnUft may waive th contract and recover damages for the tortuous injury. W.- T Caho. vsJorfplk and Bontbort Hallway company. -L-Whea-two. defendants Join in a 'de murrer to the. complaint, und a gooa cause of action is stated aa to one of them, tho demurrer will be overruled. . J. An officer of a corporation oannor tie his company upon quantum meruit for services rendered. "In order r to sus-i tain an action he must prove an express promise. a. A resolution of a board of dire tors authorising payment to an officer of the rornontlon for past services, unauppon ed by a promise to pay for them before they , were rendered, is noaum paction, and will not aupport an action tor thetr race verr. a. The express promise or tne stock- holders to pay a stipulated pries to one to nerform services aa president and at torney Is valid, and binding and eitforoe- able upon the corporation, wnen noi in fraud of the righu of creditors. MarcelUis Sutton and WUe va irwm Jenkins. V Reciprocal conveyances of the same land between plaintiff and oerenoani mads at the lnstauoe and for the benefit of the former, without consideration, no money passing, rests but does not vest (ha title., snd does not operate as nn estoppel upon the defendant in claiming the landa under a different source of title. a. When the land upon whicn uie plain tiff and defendant aro tenants in eownxn Is sold, under the lien of a sunstsimg mortgage, to a third person, wh so qulrea the title and poesesston, snd con veys, the remainder 'to one of thero, the unity of possession and thereby the re lation of tensnts In common Is destroyed. a. There la nothing In the policy ot ut law which orohlblta the defendant, who held under a former deed from, hla father. with hla slater, the landa. in controversy as tenants m common, from taking un der the deed from hie father the same Isnd acquired by his father at a sated the land under a prior subsisting mort- gage. 4. When the-dudrment roll under whfelt defendant's grantor obtained title is re ferred to only by the title, and tne juag- ment roll Is not set out In the evidence, the nroceedlnga will be presumed to be pcilUCtilllJ it,, wilt ivi UUUCf JIB) kph- i a a..M. Sb. iroU It la not liable In damages arhon. 1 valid, and may pot ce.afully be at- lacaea as twiu iw vm " parties. ' 5. M'hen the purchaser Of lands at foreclosure sale enters possession under a deed, of definite description, such is color of title in him and thoae claiming under him, and becomee Indefeasible at .the expiration o seven years', advsrse possession.' When it appeara that the feme plaintiff, with her hnsbnnd. conveyed her .land SnA took a mortgage to secure the purchase money, foreclosed and the title to the land waa procured by the huaband to be made to himself, he thue acquired aa her truatee. and the atatute of llmlta tlona will begin to run agalnat her from the date of his deed. T Ths plaintiff claimed a a tenant m common With lefendsnt. her pert of -the land in . controversy, under a deed . from a common grantor . Defendant denied o tenaney7and eslabilahedthe fact-that the unity of possession hud been destroy ed by a subsequent deed under which he claimed. Held, that plaintiff can establish her title by showing aeven years adverse possession under the conveyance, as color, through which she Claimed as ten ant In common, :;: JL : ' from his negligent acts whereby plaintiff was In lured. - - I. ' The fWendnnt 1a not liable In dam ages for the negligent acts of Its Indepen dent contractor, when the work It con tracted with. them for him to do was not Intrinsically dangerous, and could have been avoided with reasonable ears and foresight t. When the defense to an action to recover damages for personal Injury la that the peraon who cauaed the Injury complained of was an independent con tractor, a written agreement tending 'to prove that fact may be introduced in evi dence, though not aet up In ths anawtr. J. S. Avery-va -West Lumber Company, l. Evidence is sufficient upon the ques tion of negligence which tends to show, that plaintiff waa unuaed to aaw milling machinery, and, under the direction ot one having authority, and whom he felt compelled to obey, while attempting to oil a running saw with a bottle, which was customarily used for ths purpose, fell so that his arm was cut off. " t, -The master owaj it a duty . te his t employ e tofumlh proper tools and ap pliances; and where, 1(1 the discharge of his duties, the plaintiff was compelled te use a bottle In oiling the saw machinery at def mdnnt'a lumber mill, the defendant having failed to furnish an oil can with fwhlch this oould havs been safely done under the -circumstances, and. In doing so, fell bpon the ' aaw, resulting In the loss, of his arm without - fault on - Ms part, the defendant is liable In damages. , The defendant Is responsible in dam ages for an actionable wrong committed upon a fellow employe by one - nnder whose direction . be was employed te work. " " : -4. When the court below has correctly charged uri n the queation of contributory eclfe-ence in the I plaintiff's assuming. under the direction of one having author Ity, to get upon the machine and oil a running saw at defendant's mill, and as to hla ueing a bottle for the -purpose when an Ml can waa the safe and correct implement,' Ihs ; verdict ef the Jury awarding damagea aa the result of de fendant's actionable negligence win not be disturbed. . . ; .", ; '; "-. Qak Hall Clothing Company vs. Anthony Bagley. : -" .' 1. Ths IiK'xe below has no power te continue motions of Judgments, or to set aside verdicts, to be passed upon by htm at a subsequent term of court, without the consent of the parties litigant. 2. It is practically an amendment or the record at a subsequent term when the iudce finds, st the succeeding term. that the parties lltlgsnt consented that motions respecting Judgment at ins former term should be continued. .- X When- the Judge below sets a verdict aside, in his discretion, as being against the weight of the evidence, his action is not the subject ot review upon appeal v 4.. In -.the absence at mm on appeal duly served, the Supreme Court cannot paaa upon the correctness ef the charge of the Judge below, sent up with the Judgment appealed from. r PEED fiKCTRKTr DY FRAUD. Jnn at Wilmington Avrnrds Tlalntlff Froperty Valued at glO.OWki-CavwJi , Ttrought ny ireucii sieares mbwi t'p This Week. .. . ; Special fF The Observer. , v- - Wilmington. April The Jury Jn the" Superior Cour-whlch had in hearing the land suirof-M.'ss Louise BVSmltlL against the - estate ofthe late Roger Moore returned a verdict awarding the plaintiff city-property I valued at $10,000.- holding that deed to the property was secured by fraud. An appeal Is taken for a third time to the Supreme Court This week the case for trial Is one In which' Iredell Meares, a well- known Wilmington lawyer, rues J. J WdlrerTaemnd rthe-eetate-ef -J- Meadows. of Newbern, for the balance of an attorney's fee of 125.000 for professional services In the purchase and sals of the famous Green swamp lands in Brunswick and Columbus counties, the complaint -altering-that the defendants cleaned up 1250,000 on the transaction. J." W, Sherrod- va. M. J. Battle.'-et at.-. In itn action to try title to timber lands and to restrain cutting ths timber, It having been found as a. fact by the Judge below "that there ia a good faith conten tion on both sides, baaed upon evidence constituting a prima facie title," it was proper for him to forbid either party from cutting the timber until final determine- tie- of ths suit. - . Items From 'Aahoboro" -f - 8pectal io The Observer... ' Asheboro, April tl. Theprpct so far is favorable tea large yield of .fruit In Randolph county this year; so also ss to the wheat crop. Business Is picking up and our mer chants are 'doing a' fairly good busi ness. The mills and f factories,, while not on full, time, re all at work, and running without loaav Money Is more plentiful and the hanks will grant liberal losns with. proper guarantee. Joseph hrlttlani a promising son of Attorney John T. Btittlan, is critical ly lir at his father's horns on Fay etteville street. ' - - . " Cot'o; TTrrdxr WsxcThg6rTim splendid holdings In this town for the Glenn Anna property In Thorns svllle and will take-up hU residence there. Jfomtner Mothers and Malaria. The Old BUndard OROVE'S TASTE LESS CHILL TONIC drives out ma laria and builds up the syatem. For grown people and children, lie. - mm ,3 ' PAOTG 3 - . FIRST It can readily be shown by the records; of: the Register of Deeds for Mecklenburg County that real estate values in : the suburbs of Charlotte, have within a few years1. time increased 1 300 percent.', . : SECOND It is - history everywhe$e thatlvalues continue to grow as 'population iricreaseSe The Qty of Charlotte is now well recognized as the coming big cityjpf..this section of the South, and is -growing faster than ever before even ih spite of the recent panic; .2 v THIRD-The old city is full to overflowing, and desirable building lots 'can only - be had at very round prices, and the largest growth, practicially all the new growth of the city must be-in-the-suburbs THU SUBURBAN REALTY COM Has made large preparations for this larger growth and' can supply the' needs of the prospective buyer, either for home or for investment. Many local buyers are taking advantage of our offerings because of the compara tively low prices and very favorable terms in our recently - developed suburb- A number of outside investors have also bought heavily of our properties, because of their belief in the solid future prospects of Charlotte. - To illustrate: - Baltimore parties have bought almost the entire east frontage on Seventh street at Piedmont Park. Pennsylvania parties recently bought and optioned $10, 000 worth of our Piedmont lots for investment. A Virginia : gentleman has just purchased five choice Piedmont lots and will soon erect a fine residence. A gentleman from Maine, a visitor to Charlotte, purchased a fine Piedmont corner. . Even "the man from Missouri" has recently come to Charlotte, and he also bought a suburban building lot. And yet we occasionally meet one of our home folks who tells us he is "going to wait for prices to get lower. I could have bought ten years ago at such a price." Our friend, you are looking the wrong way. You will never see those good old days again. Turn about face and look ten years ahead, and figure out how large the City of Charlotte will then have become at its present rate of growth and , " Buy Suburban Property Now if yoa want to make good use of your opportunities and profit accordingly. WE OFFER YOU THE FOLLOWING OPPORTUNITIES: ' ' AT PIEDMONT - - - - Several choice lots, 66x150, on Central, Jackson," Sunnyside, Louise Avenue. v A few choice lots, 50x200, on East Seventh street. .One fine corner, ,262x200. Several cheaper-lots, 50x150, on Siegel and Tenth streets. ' .- " . . ; . Terms, 1-4 cash, balance 6-12-18 months, at 6 per cent.) or 10 off for cash Also line, new 7-room residence with 116-foot corner , lot, $4,850. " Others at $4,000, $4,500. A pretty' cottage $2,900. AT ELIZABETH : A beautiful lot, 90x198, fronting on college campus. v . ' -v A beautiful corner lot, 66x198, overlooking college cam pus. 7 , A 66-foot lot on Kingston, fronting new car line exten-sion. Three beautiful lots, each 66x198, overlooking Independence Park, and including a handsome sketch for planting by Mr. Nolan, of Boston, v " . Two lots on Bevcntn street - and - recan avenue, at a oargain tor quick sale. Also a new 7-room residence for $4,500, - AT HILLCREST- -"-1 Only four remaining front Jots, each 66x225, one block from Elizabeth car line; fine elevation. "" ' ' Several lots 60x229 1-2 on side streets, high elevation overlooking city. . . : .. ; AT, COLONIAL HEIGHTS ' -. " The highest, most beautiful" location'of all, j ust" being 7 opened f or-7 development" --overlooking.. Elizabeth College Park and the city. . v" Choice lots 60x150, 60x200r6Qx240r-60x275- - ATi DILWORTH Tliree fine lots, Park avenue, 50x150, 50x200. " r- Two fine lots, Kingston avenue, 50x150. , - " , , ' , One fine lot, Boulevard, 50x200. , ' - J - ----- . ( Two fine lots, East Boulevard, 50x120,-a bargain if soidtbgether.:- - ' Several good, choice residence properties, $2,950, $4,800, $5,500, $8,000, $12,000, .- AT WILMOORE . . . One remaining corner on macadam road about' 80x200, at a bargain. VX i Choice West Boulevard lots, 50x200; also Kingston "avenue and . Park avenue, 50x195. ' ' Several cheap lots on Dowd road, $300. $400, $500.- -Termsr$10 cash, $10 per month, or one-tourth cash," balance 1, 2, 3 years. V 10 to 100-ncre manufacturing site on main line of Southern R.-R. , l F. ABBOTT ' & (SQPJJIP&'NV "EVERYTHING IX RB71L BSTJITE." . -Selling Agents f or Suburban. Realty Company. WANTEIV-Several good salesmen to handle our properties in .outside .territory .
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 13, 1908, edition 1
8
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