Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1903-11-27
|OPINIONSOF
SUPREME COURTS
Davis District, Tucker County
Board of Education Pro.
hibition Case Settled.

CHARLESTON, VIVA Nov, Is
The Supreme Court of Appeals to-
day, all the judges being present,
handed down opinions In the fol-
lowing cases:
Ronk VS.. Higginbotham ct all,
Lincoln county, opinion by Miller,
J.;reversed and judgement for de-
PENDANTS.
This was au eiectment In which
Ronk obtained judgement In the
circuit court for a tract of valuable
land.
Held In part: In an action OF
ejectment, unless both plaintiff and
defendant claim title from COM
mon source, the plaintiff must con-
nent himself by an unbroken chain
of title with the state or common
wealth.
Edwards VS.. Moundsville hand
company, from Marshall county,
opinion by Miller, J.; affirmed.
Held: Where a land owner lays
off a tract of land into lots, avenues
street and alleys for town or an
addition thereto; has a plat thereof
made; and sells and conveys with
reference thereto, without reserva-
ton, lots delineated thereon, the
deed for each lot so sold, conveys
all the appurtenances belonging
thereto, which includes the ease
ment In all the avenues, streets and
alleys, necessary for the proper use,
enjoyment and value of the lot con-
veyed; but In the absence of an ex-
press grant, In the deed, grant by
implication of all onerous servitude
upon other land of the grantor, not
necessary for the proper use enjoy
meut or value of the land conveyed
will not be presumed unless such
Is clearly the intention of the par
ties.
Snyder VS.. The Philadelphia
company, from Wetzel county,
opinion by Poffenbarger, J.; af'
frmed.
In this suit, Robert SNYDER,
while driving a two horse wagon
loaded with hay along the public
road In Wetzel county, approached
point in the road from which a
gas we'll owned by the Philadelphia
company, stood about 50 feet dis
taut, w. W. Little, an agent and
employe OF the company opened the
the valve or gate OF the
of the pipe In which gas confined,
thereby causing kissing and roar
Ing noise, which frightened plain
tiff's horses and caused him to be
thrown, or to fall, from the top of
the load of hay to the ground, where
the wheels Of the wagon passed
over his leg, badly fracturiug 1t and
inficting, as 1t Is claimed, perma-
nent injury. In an action against
the company, the plaintiff recov-
cred In the circuit court judge
ment for So, 100000, and the COM
pany came to this court on a writ
of error to said judgement.
Held In part: The owner OF gas
we'll, situated near public high
way, may lawfully open It for the
purpose of allowing the gas to blow
the water out of 1t, although
the noise thereby made IS
clearly such as to frlghten the
horses of persons riding or driving
along the highway, but In so doing,
he must exercise care not thereby
to iphict injury upon such persons
or their property.
Persons using horses on the high
way In close proximity to such well,
and seeing an agent of the owner at
or near 1t, have the right to per-
sumo that he will not open It
without warning or first looking
for travellers on the road, and ale
not guilty of contributory negil'
gence In falling to turn and hy
from 1t, or In falling to give warn
Ing of their presence.
When by the negligent blowing
off of such we'll, transfers horses
become frightened and In attempt
Ing to control them a line breaks
causing him to fall from his wagon
whereby he Is injured, the proxi-
mate cause OF the injury IS the
blowing eff of the we'll, although
the line Is weak and wholly inSufl =