Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-01-08
SETTLED FOR KEEPS,
Important Opinions Handed Down
by the Supreme Court Justices.
AN INTERESTING OIL WELL SUIT.
Passenger Agent John C. Henry Declared
to Have No Case.
ALL THE NEWS OF THE COUNTY COURTS

Several of the opinions handed down in
the Supreme Court when the winter session
opened in Philadelphia Monday were re-
10 be placed on file here, as they relate to
fhis district.
Judgment was affirmed in the case of S.
d. Holmes VS. the Charters Oil Company,
garnishee of McCauley Bros, appellants.
The suit was to recover on a contract for
drilling an oil well. McCauley Bros. were
to put down the well for 81 Is per foot and
when down about 9, 400 feet they lost their
tools. The garnishee then stepped in, got
the tools out and finished the well, pumping
some 1000 barrels.
The question at issue related to whether or
no the contract between McCauley Bros.
and the oil company was performed. 1t ap-
peared part of the contract was in writing
and part was oral. That in writing the
higher court held was for the Judge, while
the oral part was for the jury to pass upon.
Both were determined in favor of the
plaintiff.
Assignments of error were that certain
testimony of the defense was rejected. This
had been told what measurements the driller
had taken and the higher court held it to be
irrelevant
A just and Equitable Decision.
The creditors of the contractors claimed
there had been a compliance with the con-
tract The oil company claimed the con-
tract was entire, and there was no COM
pliance that would entitle McCauley Bros. to
recover for the work. The higher court did not
see the relevancy, In that the work had been
completed to within small part when an ac-
cident had intervened preventing them from
its final completion. The Judge of the lower
court was said to be in error, in that he
charged the jury to find for the plaintiff and
deduct the amount expended by the defend
ants IN recovering the tools. This was held by
the higher court to be just and equitable
rather than error, and summing up the whole
the judgment of the lower court was affirmed.
In the appeal of Levi Z. Felty VS. Calhoon,
from the decree of Common Pleas Court No. /,
a suit in equity Chief Justice PaXSon rendered
q the opinion. The suit was for the Dartition of
a lot in West Penn township, three boundary
lines of which were described, but the fourth
was not, and on that ground the lower court
declined to grant the decree for the plaintiff.
The decision of the Chief Justice is. "That the
decree sustaining the demurrer is reversed at
the cost of the appellee: the bill is reinstated
and it is now ordered that decree be entered
Tor the plaintiff upon the demurrer.
Thought the Engineer Was Mistaken.
In the suit OF Robinson, Rea Manufacturing
Company VS. A. w. Mellon appellant. the judg-
ment of Common Pleas Court No. was af-
firmed. The opinion rendered by Chief
Justice Paxson. The was suit upon an
award. The contract between the plaintiff
company and the defendant stipulated that in
case of any dispute arising under the said con-
tract the decision for the defendant should be
final and conclusive. The engineer made the
award in favor of the plaintiff for the amount
of its claim. The appeal was taken on alleged
mistakes OF the engineer,
In the suit of ] ohm Huckenstein ct al VS. the
Kelly and Jones Company, appellants the judg-
ment of Common Pleas Court No. l was re
versed and new trial ordered. The opinion
was by Chief Justice ~axson. The suit was an
action on the completion of a contract. The
appeal was taken on assignments of error in the
charge to the jury by the Judge in the lower
court,
Justice PaXson, in affirming the non-suit of
Travelling Passenger Agent John Z. Henry
who sued to recover damages from the Pitts
burg and Lake Erie Railroad Company for al
legged libelous statements made by Superintend-
ent HolbroOk, holds that as the railroad COM
pany had not authorized the statements it
could not be held responsible therefor. The
Justice further holds that an employer has a
perfect right to discharge an employe without
giving any reasons.