Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-01-08
POINTERS ON THE LAW
Another Bunch of Supreme Court
Decisions on Local Cases.
JOHN SCOTT'S WIDOW is SHUTOUT.
Felix Mcknight Must Pay damages for the
Eeath of navieS.
PETERsvILLR WILL NOT HAVE A SCHOOL

Prothonotarv Newmeyer received yester-
day from Philadelphia the opinions handed
down bv the Supreme Court on cases of the
Western Pennsylvania district. Among
the opinions were several OF interest. Chief
Justice Paxson gave an opinion in the case
of the appeal of John F. Scott ct al from
the decree of the orpha hs Court of Allie
gheny county. The Orphans Court set
aside third of the estate of the late John
Scott, receiver of the Allegheny Valley
Railroad TO his widow, Olivia Scott. The
lue of the estate was $3.50, 900. The son,
John F. Scott, and other heirs appealed on
the ground that in an article of separa-
tion Mr.. and Mrs. Scott had signed,
it was agreed upon her part,
in consideration of a certain sum, to live
ansrt from him and relinquish for herself
and heirs all claims depending upon the
married relation.
The opinion set forth that the law of
PENNSYLVANIA is well settled that such
contract is valid and rules that Mrs. Scott
has no right TO participate in the partition
of the estate. There was bv the same par
ties an appeal from the decree of the same
court vacating the probate of the will. In
this the decree was reversed and the VIII re-
inStated.
Justice Green gave the opinion in the case
of Jut1e ct al appellants VS. the keystone
Pleas Court No. . The case was a suit for
damages, a tow of the plaintiffs being DAM
aged by striking pier of the defendants.
Judgment was affirmed.
Justice williams gave an opinion on
the appeal of the defendants from
the Judgment of the Court OF Com
mon Pleas of Westmoreland county in the
case of Joseph Lentz VS. Carnegie Bros q
Co. The same question was involved as IN
the case of Robb VS. Carnegie Bros. Co.
The plaintiff is the owner of a farm adioin-
ing the coke works OF the defendants and
claimed damages from the operation of the
works, the smoke and deposit of coke being
alleged to have ruined the farm. He got a
verdict, but Judgment was reversed and a
new trial awarded.
A New TRIAL for the Steinbrunner Case.
Chief Justice Paxson gave the opinion in
the case of Barbara Steinbrunner VS. the
Pittsburg and Western Railroad Company
appellants The case was q suit for damages
for the death of Xavier Steinbrunner, and
was heard in Common Pleas No. ]. The
opinion set forth that the only question to be
established was whether the deceased
stopped, looked and listened just before
stepping on the tracks. The decision of the
lower court was reversed and new trial or
dered.
in the apneal of Kaltenbaugh ct al from
the Quarter Sessions of Butler county JUS
tice Williams gave an opinion. In this case
it was alleged that 4 new schoolhouse was
needed in sub-district No. ), and that it
should be located in the village of Peters
Vile TO accommodate the children. The
respondents claimed there was suficientac-
commodation for all applicants. The mat
ter was carried into court by J. L. Christie
and Conrad Nicklas, representing the vii
laGe. The lower court dismissed the Bosrd
of school Directors. The opinion set forth
that the board could not be responsible for
the children who did not apply for admis
sion to the schools. The opinion set aside
the order OF the lower court and dismissed
the petition.
per curiam was given in the appeal of
a II. Hadfeld, guardian of the minor chii-
dren o. Joseph w. wilkins. from the Or
phans' Court of Allegheny county. The ap-
pellant was appointed guardian OF the estate
of the minor children OF Wilkins by the
court Of Waukesha county, Wis, where the
father resided at the time of his death.
Henry w. Kendall was appointed by the
same court guardian OF their persons. The
bulk OF the minors estate was in Allegheny
county, as were also their nearest relatives
The children were brought to Pennsylvania
by Kendall and the Orphans Court of Allie
gheEy appointed Mrs. Miriam Hays, an
aunt. their guardian. From this order an
appeal was taken by the Wisconsin guar
dian, alleging want of jurisdiction in the
Orphans Court of Allegheny county. The
appeal was dismissed.
Damages for a Misspelled Message.
The Judgment of Common Pleas Court No.
was affirmed in the case of Daniel S. Tobin
VS. the Western Union Telegraph Company,
appellants. The case was q suit Tor DAM
ages Tobin's sister was drowned in New
York, and a telegram was sent to him to
this effect In the transmission the tele-
gram was changed, and he was sent to South
Carolina instead of New York. Tobin was
awarded damages by the lower court, and
this the Supreme Court sustains.
The Judgment of Common Pleas Court No.
was affirmed in the case of Caroline Davies
vs. Felix Mcknight ct al, appellants. In the
lower court damages were awarded Mrs.
Davies for tile death of her husband, Robert
Davies, to whom liquor had been sold at
Mchnight's saloon. Davies became intoxi-
Gated, left the saloon, fell into the gutter
and died from injuries superinduced by the
exposure.
The opinion of the Supreme Court stated
that Mcknight was responsible under the
act of Assembly for selling to an intoXicat-
ed man: that while the liquor may not have
caused the death yet it caused Davies to fall
into the gutter where he was exposed, and
rpon this ground affirmed the Judgment of
tie lower court in favor of Mrs. Davies.
In the case Of Iunney VS. Carnegie Bros. "
Co., Limited, Justice Williams gave an opin
ion reversing the decision of the lower
court in awarding 81, 900 damages to Tunney
the 6p3 tn his