The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1912-05-02
SOME HOL DINGS
By The COURT
Of Appeals of the State Of
Late Are Quite In
portanT.

L . NtNt E.taAA > - W. = hN
trial court cannot properly set aside
a verdict and grant new trial when
1t has committed no error to the
prejudice OF the party against which
the verdict was rendered and when
the verdict is not plainly contrary to
law and the evidence" says the su-
preme court of appeals in reversing
the judgment OF the circuit court OF
Cabell county in the case Of Rosen.
thai, ct al vs.. Fox, ct al. The opinion
of the court was written by. Judge
lRobinson.
The higher court held that the rec
ord did not show that the verdict
found by the jury in favor OF the
plaintiffs to be contrary to law and
fthe evidence, and that therefore the
order Of the trial court in setting
aside the verdict and granting new
trial was not justified. The higher
court entered judgment as found BY
the jury.
The legal status of two corpora
tons that have the same officers and
the same employees, are defined by
the supreme court of appeals in the
case OF Perry, administrator, VS.. Ohio
VALLEY Elevtric Railway Company
THE case case up from the circuit
court of cabell county, and the lower
court was reversed and the case re-
manded for new trial,
st is not to be inferred that two
corporations are in legal effect one
and the same, so as to make one
liable for the negligence Of tile other
simply because they have the same
men as officers, employ the same
laborers and apportion between them.
selves the charges therefor" says
the supreme court in an opinion writ
ten by Judge Williams.
The plaintiff recovered a Judgment
or 100000 against thfe Ohio Valley
Electric Railway Company for alleged
negligence in causing the death Of
his intestate, Merrill Perry, boy
eleven years of age, who was killed
by taking hold of a guy wire thai
was fastened to an electric light pole
the guy wire having become
charged with electricity because Of
lack of insulation between the spar
wire and the electric light wire.
The boys in the neighborhood In
the town of Guyandotte found con.
siderable amusement In touching q
wire that had been thrown over the
charged guy wire, Young Perry
among others would stand on board
walk and touch the wire. The board
walk being, very Imperfect con
ductor of electricity. the boys ex-
lperienced only slight shock. Young
Perry, however, stepped upon the
/ ground, and grasped the wire, and
was in!Eantly killed.
The plaintiff alleged the company
knew of the condition and failed to
remedy the defect.
The defense alleged in Its petition
for a writ OF error to the supreme
court, that 1t did not own, control,
or operate the electric light wire and
poles where the boy was killed, and
only furnished electricity to the Con
solidated Light and Railway Company,
another corporation, that owns and
controls the wire and poles in ques-
ton.
1t was also alleged that the boy
was guilty of contrlbutory negligence.
The case in many respects is similar
to the Fickieson case and the Wheel
ing Electrical Company.
Another point decided was that
there is no obligation upon gem
Grating company, that sells and de-
livers electricity to distributing
company, to see that the lines Of the
latter company, over which the cur
rent is to be carried to the consumer,
are in safe condition. The former IS
not liable for the negligence of the
latter" 4