The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-10-01
SUPREME COURT
GIVES DECISIONS
OHIO COUNTY CIRCUIT COURT
SUSTAINED IN melAlN
AUTO CASE
Also sustains Judge Hervey In Rail.
road Case From Brooke County
Other Cases

CHARLESTON. Sept so - Eleven
opinions were handed down this
morning by the supreme court OF
appeals. many OF them having attract
ed considerable attention in the lower
courts and in the arguments befor'
the higher court. The cases decided
are:
Bank OF Union vs.. Baird. from ka-
nawha county Judgment reversed
and case remanded
Donohoe vs. Fredlock. from Ran
dolph county. Decree reversed. de-
murer ove-ruled. Injunction ana buI
reinstated
Bower vs.. Virrinisn RAILWAY Com
pany. from Raleigh county. Affirmed
McLain vs.. automobile Company.
from Ohio county. Affirmed.
Guerin vs.. +. &. c a 81 l.. Rail
way Company. from Brooke county.
Affirmed
Guy vs.. Lanark Fuel Company.
from Raleigh county Affirmed
Wilson vs. Johnson. from Cabsll
county judgment reversed and en-
tered here
Davidson vs. Davidson ct ais. from
Monroe county Affirmed.
Ashbsugh VS.. Chesapeake & Ohio
Railway Company. from hanaWha
county. Judgment reversed. verdice
set aside. case remanded
Gas Company vs. Carbon Block
Manufacturnis Company. from Lewis
county. Affirmed. Judge Lynch alb
sent
Gloekler Company VS.. Carr. from
kanawhs county. Affirmed
Brooke County Affirmed.
In affirming the circuit court of
Brooke county in the case of Guerin
rs. the p. {. c. a 81. l.. railway com
pany, the supreme court holds that
II Is the duty of railroad company
20 stop its trains a. stations a rea-
sonable length OF time Tor ITS mas
sengers 20 align, with safety. and
its failure 10 do so Is negligence.
II also holds that railroad com
pauy is liable 10 passenger who.
without fault on his part. is injured.
while attempting 10 alight by the
starting and sudden stopping OF the
trains. after it had stopped az his
destination 20 let OFF and take on
passengers. bur not long enough to
give him "a reasonable opportunity
10 got off
When tho verdict rests upon con-
hic'ing oral testimony OF expert Wit
neSsrs. and there was no controlling
facts or Circumstance admitted or
clearly proven. which are incons's-
tent with the iury's finding. the court
should not disturb it, says Judge
Williams in the opinion OF tbs case.
MeLsin Auto Case
In affirming the circuit court or
Ohio county in the case Of McI.ain
Us. the West Virginia Automobile
company. Judge Robinson held.
The law cnjOins on the keeper Of
q garage for hire The duty safely 10
keep an automobile IN his custody.
and he is bound TO tho exercise OF
reasonable diligence and care 10 that
end
count in assumps.t charging a
garage keeper with the duty 20 take
du" and proper care Of an automo-
bile left In his custody and safely
and securely Jo keep. store and car,
Tor the automobile without damage
or injury. doe NOT charge a higher
u'Frc" of care than Tho law cnloins
reasonable or ordinary care 10 pro.
tecf from injury.
smaller amount or damages or
.hJuIN than that laid so the declare.
non may be- proved
custom OF garage Keepers con.
IraTF 10 IN" implied obligations of
I'dsoudh bic care for safe k-cping. arts
iNE I'D itNor of an automobile owner
bN TO" storing OF hI, car ~ q public
garage. can mo- ab~oltr the garage
hrth"r from Ob-rrt Hutr OF sutu care
40 sdraE" keeper iu the .Nerc 80
OF REASONABLE" care can release q car
irit 100 his custodt 'C another than
il" owner. without the latters order.
expressed or reasonably implied
garaE" keeper can not leave The
garage solely in the hands OF ser
want and then say thai the iatter's
h'EiR'uC" I'm releasing car I'D one
without authority from the owner IS
beyond the scope ~ hi- cmpiO, ment
Other Cases
p'her cases disposed of b, the
court TO-DAY. werr Cirrus Coal 4
Coke Compart VS. g. r MCKEE. o.
a.. from McboReil count, appeal IT,
T. r. Rutherford VS. Rob,r, n
Cook. Justice of fh- peace from Wy.
omiuc count. writ ~ error refused
Laura VI smith VS. Ben e. smith.
from Roam" county Appeal refused
County Court Of Netzel county VS.
Baltimore a Ohio Railroad COMPANY.
from N"t1"i county Appeal and 500.
persrdnas refused
Charlotte 81 Pricr ~ Is-. f. Price
from Marion county Appeal and TO-.
per-odoa- refused
T. o. whine committee. SIS ctu.
thia SPARKS from kan1Vha county
Prohibition
G'org. s Wul ISL Naucv 81 Wu.
Dds from Nurro" county Appeal and
super rd's. allowed
Nm IUUr f. Baltimore a. ohio
Railroad 'nWpart. from Jefferson
county Writ o. error allowed
Stat. .f Meat I.rr.f|.t .. ff....
.'r'on ItN SON .r'w Nl,lo.l. count.