The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-02-22

others. This action grew out oil 4
forcible detention ease in which
Mars. Crowley sought to force Rob-
er Gl:ek from the occupancy Of q
business room owned by her in
LaRue. Click was forced out, the
matter was taken TO the common
pleas court and temporary i'll
junction was issued restraining
Dutton from restoring Click. The
Judgment of the lower court was
sustained in this case, the injunc-
ton made perpetual, a Judgment
rendered for the plaintiff and the
costs assessed against the defend
ant.
The matter OF IRA S. Durkan
against John n. Rizor and others
is an appeal case involving the
construction of q will. When Ma
tilda Rizor died she gave her hus-
band her property fer use during
his lifetime and after that < was to
so to their heirs and their heirs
after them. John N. Rizor married
second time aud decided q por-
tion .of the property to his second
wife for - consideration of five
dollars. The plaintiff is one OF the
children by the first marriage and
sought TO have the property par
titioned. Tho court held that tho
conveyance TO the second vito was
invalid and that it was the evident
desire Of the first wife to provide
for her children after the husband
had been provided Ter, and it was
evidently her further intention that
tho property remain intact during
his lifetime. 1t is held that the
transfer Of the property was
against the interests Of tho child.
rem and that the plaintiff and 9th.
er heirs are entitled TO possession
OF the property and tho partition
as prayed for. The cause IS re.
manded for. execution and tho costs
taxed against the defendant.
The Judgment OF tho lower court
was affirmed in the case Of the
c. c. G.. St., l.. railway COM
pany against William r.. Waddell
in which Waddell was given YER.
diet against the company for $lSE
damages sustained as "a result OF
being compelled to. jump from q
buggy to save his. lifc while cross.
, aug the tracks at Kcnton avenue
on Aug. 6, 1908.
Waddcll sued for $4,000 in the
common pleas court where lie
was awarded verdict in the
amount NAMED above, and tha
company took the matter to the cir.
cult court on error.
Judge Norris rendered tho opin.
ion in this case aud incidentally
advanced IAN excellent argument
for the installation of gates, whicl,
is being now agitated by city Of
ficials. The court held that there
was no error in the proceedings
and particularly in the charge of
the lower court to the jury. The
lower court Incorporated practical.
ly everything the company attor-
neys asked in dts charge and had
the engineer been reasonably alert
he must have seen tho danger in
time to avoid getting in such close
proMmity to Waddell that Jumping
became necessary to save his life !.
The court was ct the opinion that
tbe combany had not exercised
reasonable care for the safeguard.
ing of the public and that tho de.
fendant was guilty of neglicence
IN not being prepared to give
proper warning of the approach of
trains. The costs of this case werc
taxed against the plaintiff in error
perhans the most interesting to
the public in general was the decI-
sion III the "steel furniture" case.
rnis Is the action brought by Pros.
ecuting attorney. John H. Clark TO
restrain auditor L. M. Hipsher and
the County Commissioners. +. M
Epley, Israel Trey and j. D.. Gillis-
pie from paying B. f.. Wade S1,249
tor q steel bookcase for tho commits.
sioners' room. The plaintiff won In
the lower court, where temporary
Injunction was made permanent. He
charged that the bookcase was ! not
q necessary piece Of furniture: that
the price WAS exorbitant; that tho