The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1908-04-23
IN DECISION
BY DAYTON
Demurrer and Motion Overrul-
ed and Case Will Be
Tried onlts Merits.
DECISIONS in OTHER CASES
Argument of Case from Park
ers1b!urg Arising at Wells 81
burginaH Hancock County.

Shortly after Judge A. g. Dayton
convened the April term of federal
court here Tuesday forenoon, he over
ruled all the demurers in the $4,000
damage suit OF Gentry Bros. Shows
against the City of Grafton, which
has been pending in court for some
time. and the suit will come up for
trial later.
June IA, 1905, while the show was
being transported from the railroad
station at Grafton to the old fair
grounds there for the purpose of giv-
ing exhibitions that day bridge
leading across the creek in the city
to, the west side of the city collapsed
under a show wagon hauled by four
horses and driven by two circus en-
ployesss precipitating wagon, horses,
employees and paraphernalia to the
water 80 or 40 feet below, and in
juring one horse so that he had to be
killed, rendering the other three
worthless. demollshing the wagon
show property and injuring the two
employees so that they had to be taken
to the hospital.
Because of the accident the eXhibl-
tions had to be abandoned. entailing
much loss. The loss of the service of
the employees, the loss of the use Of
the horses and the cost of medical
treatment for the employees are all
set out with others in the claim for
general and special damages against
the city.
There. were two demurrers-one to
the declaration, and the other in the
nature of a motion to suppress depo-
sitions taken in behalf of the plain-
tiff. Judge Dayton held that the
declaration fully set forth the case
of the plaintiff and showed careless
ness and negligence on the part of
Grafton in not maintaining a safe
bridge. He also ruled that some OF
the special damages at least had the
right to be in the BILL and others, of
the special items. could be stricken
out in the trial. IL it developed 1t was
not proper to have them in.
Judge Dayton ruled that the dep
ositions We're taken IN accordance
with federal statute allowing depo-
sitions to be taken as they are taken
in state courts.
The demurrer in the ejectment
suit of Henry NJ. McMullen. of Phila-
delphia, against Lewis II. Polling, In
volving the possession of land in Up
shur county was sustained and the
bill dismissed. The plaintiff alleged
he came into possession of the land
through the commissioner of school
lands. but failed to set forth clearly
whether he had title. Owing to the
of the bill Judge Dayton
dismissed 1t.
In the suit of Nutter, administra-
tor of Matheny, against the 3. & o..
r. r. Co. and the Phillips Sheet &
Tin Plate company for $4,000 dam
ages for. the death of Matheny at
the Tinplate mills by being run down
by train, Judge Dayton decided that
the tin plate company was not nee
essary party.
Demurrer was overruled in ethe
damage suit of the administrator of
Merrifield. who was fireman and
lost his life at CASTOR junction, while
his head protruded and struck n tel
ephone pole, against the Baltimore &
Ohio.
The demurrer was overruled In the
suit of Maggie NJ. Rhoades against
the B. & o. and the case set for trial
the first day of next term.
The criminal cases to be tried this
term are those of the Government
against James Thorndell and Jones
& Hickman.
Argument was made in the case of
H. S. Colbert and others against Will
liam Marquet and others. coming
from Parkersburg and arising at
in Hancock county.
Accidents VIII happen. but the
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