The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1908-04-21
Demurrer and Motion oyerruI-
ed and Case win Be
Tried on Its Merits.
DECISIONS IN OTHER CASES
argument Of Case from Park
ersburg Arising at Wells
burg in 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 Il, 1905. while the show was
being t1Mkported from the railroad
station at Grafton to the old fair
grounds there for the purpose OF Civ
Ing exhibitions that day bridge
leading across the creek in the city
to the west side OF the city collapsed
under show wagon hauled by four
horses apd driven by two circus en-
ployes, precipitating wagon. horses.
/. employees and paraphernalfa TO the
water 30 or 40 feet below, and In
iuring one horse so that he had-to be
killed, rendering the other three
worthless, demolishing the wagon
Show property and injuring the two
employees so that they had TO be taken
to fthe hospital.
Because OF the accident the exhlbI-
4 AANA@ AAeAAHM " bG
much Joss. The loss of the service OF
the employees, the loss of the use or
the horses and the cost OF medical
treatment for the employees arc all
set out with others in the claim for
general and special damages against
the city.
There were two demurrers-one to
theNdcclaration, and the other in the
nature Of motion to suppress depo-
sltions taken in behalf OF the plain
tlff. 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 safe
bridge. He also ruled that some Of
the special damages nt least had the
right to be in the bill. and others, Of
tho special items, could be stricken
out in the trial. II 1t developed 1t was
not proper TO have them in.
Judge Dayton ruled that the dep
ositions were taken in accordance
with fcderai statute allowing depo-
sitions to be taken as they arc taken
in state courts
The demurrer in the ejectment
suit OF Helyy NJ. McMullcn, OF Phlla-'
delphias against Lewis II. Polling, In
volving the possession of land in Up
shur county was sustained and the
bill dismissed. The plaintiff alleged
he cdme into possession of' the land
through the commissioner OF school
lands, but failed to set forth clearly
whether he had title. Owing to the
uncertainty OF the bill Judge Dayton
dismissed ~
In the suit OF Nutter. administra-
r. r. Co. and the Phillips Sheet *
Tin Plate company for $4,000 dam
ages for the death or Matheny ar
the Tinplate mills by being run down
by train, Judge Dayton decided that
the tin plate company was not a nee
essary party.
Demurrer was overruled In cthc
damage suit Of the administrators OF
Merrlheld, who was fireman and
iost his life at CASTOR junction. while
his head protruded and struck tel
ephone pole. against the Baltimore &
Ohio.
f. The demurrer was ovcrrulcd in the
suit ofs Maggie M. Rhondes agains:
the r. & o. and the case set for trial
the first day Of next term.
NThe criminal cases TO be tried this
term arc those Of the Government
against James Thorndell and JoTcs
& Hickman.
Argument was made in the case ~
H. S. odbert and others against vii
liam sarduet and others. coming
from Parkersburg arni arising al
Wellsburg In Hancock county.