Cameron County press. [volume] (Emporium, Cameron County, Pa.) 1866-1922, 1908-12-10
OHIO SUPREME
COURT DECISIONS
SEVERAL OF SPECIAL INTEREST
HANDED DOWN AT
COLUMBUS.
TESTIMONY OF WIFE Is N. G.
Can't Convict on II in Criminal Action
Union Label, Personal Injury
and Other Cases.
Decided.

Columbus, O.-An important de-
cision was handed down by the SUI
Dreme court Tuesday which materially
weakens the law against the failure to
provide for minor children. The case,
styled the state of Ohio VS.. Arthur
Orth, was brought up by the prosecu-
tor of Hancock county on exceptions,
which exceptions the supreme court
overrules. Orth was tried on
charge of failure to provide and his at
torneys held that he could not be con-
vfcted on testimony of his wife. The
court holds likewise, on the old ruling
of the use of the testimony of a wife
or husband against life partner In a
criminal case.
Charles G. Myer and Louis Wenzel
started a saloon in Cleveland and
bought their fixtures from the Cleve-
land Store Fixture Co. George F.
Gunn president of the Gum Brewing
Co., became surety for them on condi-
ton that the fixtures should bear the
union label, this being an extra agree
a L.
When the fixtures were delivered, only
part of them bore the union label
Gum refused to pay the bill. The fix
ture company then agreed to saw out
part of the bar and have a new part
put in by union labor which should
bear the label. Gum would not agree
to this and suit was entered. Gum
lost in the lower courts and the SUI
preme court has affirmed the de-
cision
A Cleveland case decided Tuesday
was the c. C. c. & ST. l.. railroad VS..
Frank Curran, a minor The boy, IL
years old, was at the Cleveland stock
yards to see about carload of poultry
when loose door on n passing train
struck and injured him. The common
pleas court reverses the circuit court
| and affirms the decision OF the COM
mon pleas court, so the boy gets moth
ing. Charles A. Turner likewise loses
his personal damage case against the
Pope Motor Car Co. and the Baker Mo-
| tor Vehicle Co. He was attending a
race at Cleveland between cars owned
| by these companies and was injured
The law that the tracks of an inter
urban company may not cross the
| tracks of steam road at grade, unless
it is absolutely necessary that it do so
in order to reach its objective point.
may not be evaded by selection of
point of crossing by the junior COM
pany where separation of the grade is
| impossible, according to a decision of
the supreme court Tuesday in a case
which railroad men all over the state
| have been watching with interest.
| The suit is styled In the matter of the
application of the Toledo, Findlay &
Fostoria Railway Co., to ascertain and
define the mode of crossing the tracks
of the Pennsylvania company" The
common pleas court held for a crossing
at grade. The circuit court reversed
| the common pleas court and the SUI
| preme court upholds the latter The
case is reported Another grade cross.
| ing case decided was that of the To
| ledo Railway & Terminal Co and Jud-
| son Harmon. receiver of the Toledo
Railway & Terminal Co, VS.. the Lima
C Toledo Traction Co. The terminal
ton company gets the crossing.
The case of the Union Savings Bank
and Trust Co. of Cincinnati. executor.
plaintiff in error, VS. the Western I'm
| ion Telegraph Co., defendant in error,
| in which the important question as to
| the right of a trust company to act as
executor was brought up by the teIe-
graph company, was disposed OF Tues
| day without a decision as to the main
| point at issue The court holds that
| the telegraph company cannot proper
ly bring up the question in the suit
being tried. The suit grows out of a
minor case. Adolphus II. Smith of
Clark county got damages against the
Western Union because it killed some
shade trees. but he never collected.
The trust company was appointed ex-
ecutor of his estate and revived the
judgment and sought to collect. The
| Western. Union brought up the ques-
ton as to the trust company's right to
act as executor, and the court decided
against the trust company The case
was brought up again for a rehearing.
the former judgment vacated. the cir
cult court reversed and the common
pleas court affirmed. The court holds
that if the right of the trust company
to act as executor is to be attacked it
must DE attacked directly, and not
collaterally, as is done in this instance
Chief Justice Price dissents. The case
is reported