The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-03-26
DEFENSE oEMURs TO PLAIN
TtFF-s BILL IN O'8RiEN. ct
Al. AGAINST SCHENk.
A. calling Of the Docket In the Cir
cult Covrt-Aetion Taken
In Other Cases


terday.. the April term OF that tri-
bunal Is now on In full swing. Ac-
ton was taken In a number OF i'm
po-tant cases when the docket was
called and a number OF them were
set for trial and others were passed
to a later date or went over on de-
murrer to be argued later.
The docket was called first in
Part 1 with Judge II. c. Hervey pre-
siding and when the calling was con-
cluded IL was taken up in Part .
with Judge Frank w. Nesbitt on the
bench.
The case OF Edward II. Otte VS..
the B. & D. Railroad Company
which was tried at the last term OF
the plaintiff came up in Part l on a
motion for a new trial The motion
was granted and a date for the trial
will be set later. The plaintiff sued
for $4,000 and was awarded $4,000
by the jury. Otte was injured when
a wagon in which he was riding was
struck by a passenger train at Forty
third street
The suit of O'Brien & O'Brien
and S. o. Boyce vs.. John o. Schenk
for fees for defending Mrs. Laura
600 was called and the defense de-
INJURED to each count of the plain
tins bill and the arguments will be
heard Saturday.
In Part four cases in which the
Rapid Transit Railway Company
sued in condemnation OF properties
over its proposed route. were dis
missed on motion of Attorney ]. ].
Coniff, counsel for the company.
The case of Frederick Borck VS.
the City Railway Company came up
on motion for new trial and was dis
missed, il having been settled out
OF court. On former trial Borek who
sued for $4,000 was awarded $4,000
10y the jury.
The case of sydney Lewis VS.. the
City & Elm Grove Railway Company
was passed until Saturday. This case
is one in which the plaintiff was in
Jured while working on telephone
pole al Elm Grove the allegation OF
the plaintiff being that the line of
the company crossed with the tele-
phone wires and the shock knocked
him TO the ground. He is suing for
$4,000 and is represented by Attor-
ney John A. Howard.
Action in other cases was taken as
follows:
y. VI. Plantz W. II. II. Porter. ap-
peal. set for trial Monday, April /.
Charles y. Hancher VS.. City OF
Wheeling, tresspass. set for trial
April l.
r. =. Jonec company VS.. Baird Mich
OILS. appeal. set for trial April >.
l.. G. Viets VS.. A. Fisher, ct al, ap-
peal. set for trial April 2.
The Scott Lumber Company vs..
Thomas J. Stringer. assumpsit with
attachment. Defendant was called.
but was not present.
Laura Greer VS.. City OF Wheeling.
trespass. on motion for new trial. set
for argument Saturday. April 80.
Blanche Hill VS.. 5. r. and George
w. Norton. on motion for = new trial.
This case was tried at the last term
and verdict was rendered in favor
J OF plaintin for $1,000 Motion will
, be disposed Of Saturday.
Frank kruzenski VS.. Charles Son.
nefelt. appeal. Set for Saturday,
when a motion to dismiss the appeal
Z viii be made
( 4. VI. Phillips VS. Peake. FriedeI
Company. appeal. case reported set.
/ tied out of court
In the matter OF the application of
the Wheeling Natural Gas Company
| from assessment the petition will be
, heard Thursday. with arguments.
In the matter Of the application OF
the Tri-State Gas Company from as.
sessment the petition and arguments
will be heard Thursday.
{. -. Henne W. ID. {. Harkins. an
peal Court ordered case dismissed
al cost OF defendant.
General Fire Extinguisher Com
pany. a corporation vs.. "a. G. Franz.
helm. in assumpsit. on motion for a
new trial. was dismissed By agree
ment
Bank Of BenwOOd. corporation. vs.
Peter Miller. appeal motion was
made 10 drop II from the docket. Case
was settled out Of court.
Pearl Laundry vs. John VI Daur
10 al, appeal. Defendant asked "a
have 30 dismissed Court ordered
Oliver ). Stringer vs.. The Wheel
ing Traction Company. trespass DE
PENDANT demurrcd 20 Saturday and
arguments will be heard
Charles e. Neuman Of ais W David
Lew - al, on motion for new trial
Court stated that motion had beer
disposed Of and would be- announced
later
Edward Price. Jr. by hi. ner
irined. Edward Price. vs Anna y
Thew. 'respass. on motion for neu
trial. vas dismissed
FIRST Wheeling a Vicinity Hunrar
ian Literary Society w. Lee p. Dobhs
APPEAL Case mi missed
George =. -ffeI ta Charieut
Naferhouse Defendant called o,
answer
8 Conner ta r. tr krarae ALI
pal. go for trial AprI
IiEfln MrEIree VI D. e. a. A. sc
I Railway COMPANY. appeal IN ~,
Ton Tor reu fraf Motion 49,.
'aIred ard verdict 90 aside
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