The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1911-08-05
lUDG MASON ARDS
JONES AN INJUNCTION

JoE psppEo Us RESTRAINED
FROM ERECTING FRUIT STAND
ON MADISON AN % MAIN
STREETS COUNCIL EXCEED.
Ep$lTs AUTHORITY YEAeER
COULD GIVE NO PEI MISSION IN
THE CASE. FULL TEXT OF
COURTS pEc clsIoN GIVEN.
InslIe circuit court this morning,
Judge Mason granted u. G. Jones an
iniancton restraining Joe Daddeo
from erecting fruit stand, a lean:to
the Yeager building on the corner Of
Main and Madison streets.
Thacolft III passing on the petition
ol tie plaintiR said that in deciding
the case there was a nice question
presented IN the petition. The ques-
lion Whether the nuisance complained
Of according 10 the petition was a
pubfeo a private nuisance. The
procedlEa to obtain injunctions In one
case ia not the same as in the other.
However the court thought that the
grounds for making the case in hand
one o. q private nuisance was sufi-
4 eient and; rendered the decision ac-
cordingly.
The authority that council gave
Daddeo was ultra wires and did not
amount to anything. Neither was
tieofg Yeagers permission with any
thing 10 Daddeo. Yeager had leased
his store house to Jones and with the
leasing the house he gave possession
70 the building and any contract that
he would make affecting the posses
sion ot the building would count for
raughtS
Iufge Mason did not grant any re-
gtfaining order against council the
mayor or George Yeager, The court
said that It would have only been
necessary to have mentioned DaddeoI
Ia tile bill and that he could have
brought up the defense that council
had grant ID him a permit to erect the
fruit stand which however wouldn't
have been a sutiielent defense and the
result would lIase been the same.
Council eallis vote to establish
nuisanoe on Die streets Of 7Falrmont
a,,i bofIsss S.5si1ai n do Il TRaI
council % do f. The court said that
the street car lines on the cityj Streets
and theSte phone lines were nuisance
3bnt these were authorized by thetstate
ieeisla fire I'M ! toIild moi be5 iiiterfer-
I'd sTitlI ~ m 8 Il M lls6mpii "a WITH
Inc isws and feetilaf 4 ions chat govern
n, an. a ts,ss 4
T, 6Stes I6n ffat would arise. IN de-, \
sing pii q 6f these fruit stands a
iSbniiiIc npi isaIce would have a farl
M aching finSfnench and would likely
eaiisa q az fthatany Of like structures
t3 come dljH#n9 We're the programme to
9i3e nishet tits limit.
Where are; many Of these stands
That are q, encroachment on the eity1
sstfeats init are In direct violation OF
siis Gre ordinance and the law gov.
sfiiing the OBSTRUCTION Of streets,
The law governing these two points
lsgtls set up in the petition OF the plain.
5fiff ID the court in praying for the in.
function.
me law Is in the following words:
Section, /. chapter 25, Municipal |
code mo house, storerooin, shop,
stable, porch, yeranda, fence or, any
other building or structure shall ba
hereafter erected upon or over or ex'
tend into upon or over any street,
alley sidewalk or public grounds ot1
the city and any person who shall
erect or construct, or cause to be erect
.ed or constructed. anything in viola
ton OF this section shall be fined not
legs than ten nor more than one hum
dTed dollars, and shall be subject to a
sfnrther fine of ten dollars for each
ana every twenty'four hours that
such house, building, fence, ETC., shall
remain after having been notified to
remove the same, and the mayor
'HiIail have authority to order tho
teafing down or removal thereof, and
al costs so incurred shall constitute
q Hen upon the property of the per
son adjacent thereto for whom or by
whom such house, storeroom, shop
.HIduEft4 puTSllt -sYSCfSlIuut lSlCC VI uHSl