The Marion daily mirror. (Marion, Ohio) 1892-1912, 1908-12-02
OHIO SUPREME
COURT DECISIONS
SEVERAL OF SPECIAL INTEREST
HANDED DOWN AT
COLUMBUS.
TESTIMONY OF WIFE is N. c,
Can't Convict on II In Criminal Action
Union Label Personal Injury
and Other caees.
Decided.

Columbus, o.. Dec 2.-An important
decision was banded down by the su
preme court Tuesday which materially
weakens the law against the failure tc
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
oyerrules Orth was tried on o
charge of failure to provide and his at
torneys held that he could not be con
victed 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 a life partner in q
criminal case
Charles c. Myer and Louis Wenzel
started a saloon in Cleveland and
bought their fixtures from the Cleve
land Store Fixture Co. George F.
Gum. presidplt 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
ment and not part of the contract
When the fixtures We're delivered. only
part of them bore the union label
Gum refused to pay the bill. The fix.
tnre company then agreed to saw out
a part of the bar and have a new part
put in by union labor which should
bear the label. Gum would not agree
10 this and suit was entered Gum
lost in the lower courts and the su.
preme court has affirmed the de.
cision
A Cleveland case decided Tuesday
was the c. c. c. & st. L. railroad VS.
Frank Curran, minor. The boy, 12
years old. was at the Cleveland stock.
yards TO see about carload of poultry
when a loose door on a 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 a steam road at grade. unless
Il 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 20 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 crossing
at grade. The circuit court reversed
the common pleas court and the su-
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
& Toledo Traction Co. The terminal
company loses its case and the trac.
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 tc
the right of a trust company to act as
executor was brought up by the tele.
graph company, was disposed of Tues.
day without 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 o!
Clark county got damages against the
Western Union because il 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
tion as TO the trust company's right tC
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 ofTthe trust company
to act as executor is to be attacked il
must be attacked directly, and moi
colaterally, as Is done in this instance
Chief Justice Price dlssents. The case
is reported ra .r 4af"