The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1898-02-24
DECISIONS RENDERED.
In Cases That Had Been Heard
i'm Circuit Court.
A CAsE GOES AGAINsTTHE CITY
Circuit Judges Rule That the Accident on
the Linden Avenue Bridge Binds
the City for such Damages
AS May BE Proven.

the City for such Damages
as May BE Proven.
Circuit court this morning handed
down decisions in the cases heard during
the past week. Ten cases were disposed
of. This was the first time Judge NJ. l..
Smyser has been in Canton as circuit
court,judge, he having been recently ap.
pointed to fill the vacancy caused by
were given in clear and concise man
ner and those who did not already know
of his ability were at once impressed with
his delivery.
The first decision was given by Judge
J. j. Adams in the case of Oby & Love
We. the Trustees Of the Diocese Of the
Protestant Episcopal church. This was
suit heard in common pleas court to re-
cover Judgment for $2S2. The lower
court held that it had no Jurisdiction
in the case and this was affirmed by cir
cult court.
The case of Charles Pearsol, plaintiff
in error against Ida Coyle, came up from
Justice Trails court in Alliance. Error
was alleged in ruling out certain tssti-
mony in q suit for recovery Of personal
property. Common pleas court affirmed
the Justices court, but this was reversed
by circuit court and remanded. The
decision was given by Judge Smyser.
The third case was that of Gottlieb
HowersaCk ct al. VS.. Charles Diebold,
brought up on error from Squire Darrs
court, his decision having been affirmed
by common pleas. Defective service of
a summons was the ground of conten-
tion, and the decision below was revers..
ed and the case dismissed. Judge Doug
lass rendered this decision.
In the case of b. Dannemiller g. Sons
VS.. Henry Leonard s. Son, note had been
paid to plaintiffs endorsed by defendant
in payment in part of an account. The
note was given Leonard g. Son by ID.
Tyler, and after being accepted by Dan
nemiller & Sons they discovered that it
was not good. Action was brought
against Leonard & Son, and common
pleas court gave the plaintiffs Judgment
for only the balance existing between the
note and the account, a sum of S1S7. 80.
The case was brought up on error in
not admitting certain testimony intended
to prove that Leonard q Son had agreed
to stand good for the note as usual with
endorsers. Circuit court held that there
was error and the verdict was reversed
and remanded.
A verdict of 81 900 damages was given
plaintiff Celestine L. Aikens in a case
against the City of Alliance in common
plea court, because of the building of an
overh cad bridge adjoining plaintiffs pro-
perty. Error was alleged in the admisson
of certain testimony and the case was
brought to circuit court to have the lower
court reversed. This was not accomp-
llshed and the verdict stands.
A decision of more than ordinary in
terest was that in the case of John p.
Shull's administrator VS., the City of Can
ton. Shull was killed in an accident by
rearson of traction engine going down
with Linden avenue bridge in 1896.
The city was sued but the plaitif got no
verdict. The case was carried to circuit
court on error covering the usual grounds.
This court held that the city was re-
sponsible for the condition of it's STREETS
and bridges and that a traction engine
had a right to use them. The verdict of
the lower court was reversed and the case
remanded.
In the case of Tyndale Palmer against
the Repository Printing Company for
$50, 900 alleged libel in which the plaintiff
received verdict for 81 so and not salts
fled, carried the case to circuit court on
error, the verdict of the lower court was
affirmed.
The decision in the case of the Farmers
Bank of Wilmot against Catherine Cobble
ct al to set aside defective Judgment in
which plaintiff was successful, was left
undisturbed by circuit court.
j. W. Wardwell, receiver of the G. g.
& S. railway, brought an action in error
against Frank Daffney, to have verdict
of common pleas court reversed. Daffney
had sued for damages by loss of an arm
while in the company's employ and re-
covered Judgment for $1,000, which
was modified to $4,000 Circuit court
affirmed the decision of the lower court.
In the case of A. G. Monin's assignee,
plaintiff in error, against Frank Woolf,
constable, ct al. a suit resulting from
replevin proceeding, the verdict of the
lower court in favor of Woolf was affirm-
ed.
A motion made and argued to strike
out bill of expeotions from the record
in the Rex-Demuth case was overrruled.
Charles Biechele has sued Reuben K.
lands to recover $780, the sum of
judgment rendered by Justice Bowers in
1895. Plaintiff asks that a chattel mort
gage on goods be set aside, and attorney
for plaintiff asks that John NJ. Myers,
the defendants attorney, answer certain
questions propounded
The suit Of Saxton VS.. Goldberg Bro.
to enforce an alleged contract, was con-
tinued in court this morning and went to
the jury during the afternoon.
Emma O. Hartong has sued Cyrus W.
Hartong for alimony and custody of an
eleven years old son. Plaintiff says they