The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1912-08-17
JUDGE BENNETT
(Continued sfom Page One.J

CURED in the Stuart mines conducted
by Sam Dixon, the glyer OF mules an,
mileage. In this explosion IS men
and boys were killed, though the law
gays specifically that not more than
20 persons shall be employed whereI
there is only one opening. 1t also
prohibits boy un6er fourteen years
CT, age working in the mine. There
Sere numerous ways in which the law
was being violated by the Stuart Col.
lIery Co. which was then under the
control OF sam Dixon.
In this explosion Dallas E. Love, a
young boy Of 10 years OF age. was
killed. Suit was brought against the
Stuart colllery Co. for $4,000 dam.
ages. This suit came OH to be tried
N Judge Benefits court at the regu.
lar term of court on May IL, 1910. We
quote from Law Order. book No. II,
rages 2Ol and 2O2. as follows:
"R. H. Dicginson. sheriff OF Fayette
county. and as such, administrator OF
the estate OF
Dallas L. Love, deceased,
vs. Trespass on the case.
Stuart Colliery Co.
-" a And thereupon the defendant
cyayed oyer OF the summons herein.
and the letters testamentary OF the
plaintiff. TO the craving OF which said
eyer Of said summons, and letters tes-
tamentary, the plaintiff by counsel de.
INJURED ard objected, but the COURT
cverruled said demurrer and obiee-
ton and directed the plaintiff over his
protest. and objection, 10, produce in
cpen Court Plaintiffs said letters ties.
tamentary, which said letters tesla
mentary were over plaintiffs protest
and objection were produced, read
and made part OF the record herein.
Court Strikes Out Evidence.
"And thereupon came fury, to-
wit: j, W. Beaver, G. E. Collision, A,
G. Cole, Lewis D.'vis, Harvey Fox,
John Goddard, ]. W. Kessler, Napo.
icon Klncaid. |. r. McCutcneon, B.
Il. Myies, Geo. II. Nutter aud C. G.
RAMSEY. good and lawful men. Sc.
lected, tried and sworn as required
by law, and after the plaintifI had in.
troduced all OF his evidence the de.
PENDANT moved the court to strike out
The plaintiffs evidence, and direct the
jity to find for the defendant, which
motion was resisted by the plaintifl,
and said motion being argued by
counsel and considered by the court,
the court doth sustain said motion
and the jury was thereupon, over the
protest and objection OF plaintiff, di.
rected by the court to find for the de.
PENDANT, which they did in the words
and figures, to-wit: We, the jury, find
ter the defendant (Signed) Lewis
Davis, Foreman.
ITO the ruling Of the court in strik-
ing out the evidence OF the plaintiff
and directing verdict. for the de.
PENDANT, the plaintiff objected and ex.
cepted, and thercupon moved the
court TO set aside the verdict OF the
jury SO directed as aforesaid, and
grant the defendant new trial which
motion the court overruled. and the
plaintiif again excepted.
ut is therefore considered by the
court that the plaintiff take nothing
by his said suit, and that the said de-
.endant do receiver OF and from the
said plaintiff its costs in its behalf ex.
pended, including an attorney fee of
5000 as allowed by law.
And the plaintiff announcing his dc.
sire to apply to the supreme court o!
appeals OF ms State Tor an appeal
and writ OF error to the various rul-
fngs Of the court wherein leave IS
granted him TO file and have signed
formal bills OF exception TO said sey-
eral rulings of the court within thir.
~ days from the rising OF this court.
Ordered that court adjourn until to.
morrow morning at s o'clock.
tSigned) wv. r. BENNETT"
In his oral opinion in passing upon
tie motion to exclude the evidence In
this case, Judge Bennett said. among
ether things, the following:
81 have no respect for the father
who will take his infant boy and in
oren violation OF the law enacted by
the Legislature OF the State, put him
In coal mine. The parent who has
so little regard for his child, that even
If the legislature of his State did not
cay he was doing wrong TO put his
child in so dangerous n pIacc-that