Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1901-10-24
CASE ENDED.
Board of Education Against In
surance Companies.

Costs are About Equally DIVIDED
History of this Celebrated Case
! Briefly Given.
! The insurance cases have been
settled. This matter which has
been before the courts for several
years is now adjusted and the
| board of education can now get its
money over which there has been so
much quibbling by the insurance
companies.
With the settling of the case a
neat sum of money comes into the
hands OF the board of education
They will expend this in providing
school building for Seneca as they
promised to do when the citizens OF
that place were asked to vote for d
bond issue for the new school build
ing located in town.
The case was settled on presenta-
ticn of the report of Hon. Joseph
Moreland to the Circuit Court He
reported that the Providence Wash
ington Insurance company pay the
Board of Education the sum of
S2,450 with interest from the time
ofthe fire. This amounts to about
5000. This report was accepted and
made the order of the court.
1t was excepted to by the counsel
for the board but tine court overrul-
ed the exceptions and the Judgment
now stands against the companies.
The costs of taking the case to
the supreme courts we're placed on
the Board as they lost in that court
and those connected with the trials
in the lower court were placed on
the insurance companies as they
lost IN these courts. The former
costs amounted TO 5000 and the lat
ter to more than one thousand.
Counsel for the board were Hon.
George G. Sturgiss, Cox and Baker
and Lazzelle and Stewart while
Caldwell and Caldwell of Wheeling
represented the defendants. The
case has been one of the longest
drawn out legal battles ever wit
messed in this county and the record
which was sent to the supreme
court was one Of the largest OF those
presented from this court.
The case grew out OF the fire
which partially destroyed the old
Academy in January 1896. The
building was greatly damaged and
in the eyes of the board was render
ed entirely unfit for use. The In
surance companies claimed that
they would repair it but they were
made the offer to but few people if
any and did not get any too anxious
to do it. While the interested par
ties were fussing about what was to
be done the ruins were dymanited
one night and there was no longer
any question as to what could be
done. 1t was impossible to repair
the wreck and the remaining walls
were torn down.
In time they were replaced by the
handsome building which at present
occupies its site and which is such
a great source OF pride to the peo-
pie Of the district.
The dispute between the compan-
les and the board as to the amount
of damages on the burned building
waxed hotter and hotter. Finally
a board arbitration was appointed
and they went into the case thor
oughly. They gave an award of
Sc, 500 against the companies.
Of course the companies didn't
like this little bit and they APP
pealed to the circuit court to have
the award set aside. The cost went
against them in the trial before
Judge Hagans and the award of the
arbitrator was sustained. Then
came an appeal to the Supreme
Court.
Here the circuit court was revers-
ed and the case was remanded to
trial here. The court held that the
arbitrators had exceeded their au-
thority and that the damages were
excessive. When the case came
back here il was referred to Hon.
Jos Moreland special commissioner.
AT the present term OF court he
made his report which was given
above aud which was accepted by
both parties to the suit. 1t has been
entered as the order Of the court.
Wttile tie counsel for the board
protested at the smallness of the
damages awarded every one is glad
to have the Ease finished. It has
been n tedious and costly series Of
litigation and it has kept the money
tied np long enough.
The amount Of insurance carried
was ten onsand dollars.
Drawn Paving Begun.