The Celina Democrat. (Celina, O. [Ohio]) 1895-1921, 1910-12-02
STANDPATISM
Of THE COURTS
GET RUDE JAR
In Dissenting Opinion of Judge
Hurin in Raudabaugh Case
in Local Courts.
Lower Court Sustained in Claim
of D. @. Knox for Damages
Against L. e. & w.

Presiding Judge Silas Il. Hurin o.
the Circuit Court of this district created
stir among local mem mbers Of the bal
last Wednesday evening and estab.
lished precedent for the Circuit Court
by dissenting from the mumified decis.
ion of the State Supreme Court, in i'll.
ing a minority report to the decision oi
Judges Kinder and DQnnelly in the
case of l. #. Raudabaugh, plaintiff In
error, vs.. The Incorporated Village OF
Celina, heard before the court sitting
in this city Tuesday and Wednesday.
The court reported on the cases sub
mitted to them during the term here
shortly before Eve o'clock Wednesday
evening.
The appeal cases of Andrew Shella-
barger vs.. @. s. Mauk, and Mason A.
Brown vs.. l. N. Kiser ct al, having
been passed, Judge Kinder reported
the findings of the court in the case of
the Lake Erie and Western Railroad
Co., plaintiffs in error, VS.. ID. G. Knox,
defendant in error, sustained the YER
dict OF the lower court.
Mr.. Knox sued the railroad compa-
ny for damages, following the destruc-
ton by fire OF a Lake Erie freight car
In the yards in this city, in which he
had placed a quantity Of hay for ship
mont TO Cincinnati. The Common
Pleas Court found in his behalf, and
the Circuit Court now adds its apprC
val. The damages awarded amounted
to about S175.
Judge Donnelly then reported on the
case in which l. #. Raudabaugh was
plaintiff in error against the village of
Celina, stating that the court found
that the lower court did not err, but
that Judge Hurin did not agree with
the majority opinion.
1t will be recalled by those conver-
SAINT with The case that a couple days
after the total destruction of the old
Hole & Fanger grist mill by fire few
years ago, the Beaver mills, Mr.. Raud-
abaugh's property, adjoining on the
north, caught fire one afternoon, pre-
sumAbly from sparks from the smoul-
dering ruins of the razed mill. Mr..
Raudabaugh suffered some loss from
FIRE and water, and as a result, shortly
after filed a suit in the Common Pleas
Court against the village, asking dam
ages TO the extent of $4,000, charging
in his petition that the fire was the re-
part of the local FIRE department. The
Common Pleas Court found against
Mr.. RaudRbaugh-no cause OF action
the finding being based upon decisions
Of the Supreme Court, i.e.: that a mu-
nicipality was not liable for the con-
duct of its police or fire departments.
Judge Donnelly, in reporting the
case, spoke very highly of the petition
presented by Mr.. Raudabaugh and of
the research into the law in its bearing
on the case and its presentation to the
court by him. They were reluctant,
he stated, to decide against him, but
that the only question in the petition
was the liability of the municipality.
He referred to numerous decisions of
the Supreme Court, that the police and
fire departments were not ministerial
but governmental, and therefore part
of the city.
Judge Hurin then filed a minority
report, stating that he could not in JUS
tico to himself agree with his col
leagues on the bench. He said that
the reports OF the Supreme Court on
similar cases as to the liability of
municipality were so fine haired that
when traced to an end they all fell
down. He roasted the fire department
for such willful neglect and the city
for permitting 1t. He further said that
all the decisions of the Supreme Court
in like cases we're based upon an early |
decision Of that body, reported as far
back as the 10th Ohio State reports,
many years ago, and that this decision
was not a sound principal of law, mas
much as it would permi one citizen of
q community protection, while another |
could not secure protection if the de- |
partment saw fit to neglect the person. |
Hortonj Seems We've Heard
That Name Before.
Judge Hurin stated that the court
would not at this time report their
findings in the John Horton green |
goods case, but would reserve their de-
cision until they had heard and looked
into q similar case which was pending
before them in Auglaize County.
The case of David Hellwarth vs.. The
of Celina, an appeal, was
passed.