The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1892-03-03

CIRCUIT court is still in session in court
room No; /. There are number Of cases
still on the assignment and IL is probable
that the court will be In session at least
until Thursday. II Is stated that the ses-
sion Will last the greater part of the week.
Today was set aside principally for rem
dering decision on cases which have al.
ready been heard by the court. There
was large number of attorneys present,
many OF them interested in cases under
advisement and many who desired to
CLEAN new idea from some learned opin-
ion delivered
The first case decided was presented by
Judge Jenner, The case was Augustus
Gaschatt plaintiff in error against the city
canton, defendant in error. BY reason of
the fact that Allen street was improved,
Gaschatt sued for 81 900 damages, claim
ing that he could not get to and from his
brlck yard. The lower court had given
him damages in the sum Of $3.50, and the
circuit court sustained the verdict.
Judge Follett rendered the decision of
the court in the case of Solomon p. Will
son against George A. Chenot. This was
a question concerning road in Nimishil-
len township, Wilson claiming that the
road when narrowed took more from his
land than from that of Chenot. The court
lu7t1tned the verdict OF the lower court
and held that the road had been properly
narrowed.
Judge Albnugh rendered tho decision of
the courtin the case of Hem. ..rnpkinp
d Co. ct al against Henry Bow 20 It.
(he case was with reference to an all 81, 3
fraudulent conveyance, and was brought
up on appeal. The question in the case
was whether or not street assessments
should be taken out of money in the hands
OF the sheriff. The court affirmed the
lower court declaring that it should be
taken out.
The well known case of Ford Wagner,
~ nlnI
Cloud, defendant in error, was decided,
the decision being rendered by Judge Jen.
ner, Wagner owned saloon in North
Market street in this city, and McCIoud
went in to the saloon one day, ostensibly
TO get drink. While walking around
the room towards a card table at which
men were playing cards, McCloud fell
into an open trap door, falling to the Gel.
lar below and sustaining severe injuries,
lie sued for $1,000 damages and the Jury
awarded him S3,000 Wagner brought the
case to the Circuit Court on error. In de-
livering the opinion of the Court Judge
Jenner stated that there was a difference
OF opinion as to how the bar-room was
lighted at the time the accident befel Nc
Cloud, but the proof showed that there
were ten or twelve lights in the room.
The court held, however, that McCloud
was not in duty bound to look for hole
in the floor, but on the other hand had the
place, the floor would be in good
condition and there would be no holes
through which he might fall. The judg.
nent OF the lower court was confirmed. II
is probable that the case will 40 to the
Supreme Court as Judge Jenner stated
that there was room for an argument by
reason of the fact that McCloud made
overtures to Wagner with a view to COM
promising the case.
Judge Follett rendered the decision of
the court in the case of the Union Brew
ing Company against Z. II. Sausser. This
case was brought up on an appeal, the
lower court having rendered verdict in
the sum of S23S. The action was brought
on an account. The verdict of the lower
court was sustained.
In the case of Charles A. Dougherty
against the j. H. McLain Machine Com
pany, Judge Albaugh delivered the opn-
ion Of the court. The action was brought
by reason OF differences arising from the
transfer of stock. Two notes amounting
to about $1,000 entered into the contro.
versy, the lower court having decided that
the notes had been satisfied. The judg-
ment of the lower court was sustained.
In the case Of Iswall G. Tollerton
against Daniel W. Millard ct al, Judge
Jenner delivered the opinion of the court.
There was involved about $500. The
question was the right of wife for ex-
emption from payment of a debt. The
court held that she had right to the $500
in question and affirmed the finding of
the lower court.
The case of Matthew Early against r. j.
G. HaZen was somewhat complicated,
The case was brought up under appeal.
The decision was rendered by Judge Fol-
lett. The amount involved was about
81 900 and was with reference to the fore
closure OF mortgage. 1t was claimed
that the mortgage was made out blank
and the amounts afterwards filled in.
The court held that the mortgage was
valid, thus sustaining the decision of the
lower court.
Judge Albaugh delivered the opinion
of the court in the case of Robert Rue
against Levi L. Landlords assignee. 1t is
very poor court which does not furnish
case in which some of the Landlords
are litigants. 1t was claimed by Rue that
he entered into contract with Lamborn's
assignee, to furnish railroad ties. Rue
claimed that he had delivered 5000 ties
but that he was prevented from delivering
more, as he had contracted to do. His
profit was about 10 cents on each tie and
he claimed 5000 damages. The lower
court gave him $1,000 damages. After re-
viewing the evidence in the case the court
decided to dismiss the petition in its en-
tirety. This wipes out the entire $1,000
judgment and ends the case. This is q
big victory for Welty & Taylor, setting
aside as 1t does the entire findings of the
lower court.