The Yale expositor. (Yale, St. Clair County, Mich.) 1894-current, 1913-10-09
FROM THE
STATE CAPITOL
SUPREME COURT HANDS DOWN
RULINGS ON A NUMBER
OF CASES.
ACCIDENT BOARD SAVES WORN
FOR HIGH TRIBUNAL.
Superintendent of Public instruction
Wright Says That Text Book Law
viii Save Eighty Thousand
Per Year.
TBy Gurd M. Hayes.l

Philip Koharski, OF Detroit, who
was convicted of murder in the sec
ond degree will be given a new trial
as the supreme court reversed the
decision of the Wayne circuit court
and gave Koharski another opportun-
ity to free himself Of the charge.
Koharski was charged with compiled
ty in the death of Stanley Bartnitzk
which took place on the night of July
8, 1912, near Willis avenue and Or
leans street. The supreme court found
reversible error in Judge Phelan's
charge to the jury.
The Detroit United Railway COM
pany won victory when the decision
in the case of Harriet Colburn was
ahrmed. She was hit by ID. U. r.
car in Detroit, but the Wayne circuit
court decided that the accident was
not due to negligence on the part OF
the company. William Wingert, of
Detroit, who was hit by a ID. U. r.
car was not awarded any damages in
the lower court, but the supreme court
reserved the decision of the lower
court and granted him a new trial
The decision of the lower court was
reserved and a new trial granted in
the case of Joseph Bellaire of Hough-
ton, VS.. The Worcester Lumber COM
pany. Bellaire secured damages of
$1,O57 against the company on the
ground that his land had been dam
aged while the company was driving
IOgc down tho river
A case that has been pending in
the courts of Ingham county for some
time was returned to the circuit court
when the case of Ellis Glassbrook
against the Lansing Wheelborrow COM
pany was reversed. Glassbrook sus-
tanned a serious injury to his right
hand whole working on machine at
the Wheelborrow companys plant in
1909, and in the recent case before
Judge Collingwood, was awarded S6,-
500. An error in the judges charge
to the jury, coupled with an excessive
verdict, are the reasons assigned by
! the supreme court for reversal.
The Order of Cleaners won a vic
tory when the court reversed the de-
cision of the st. Clair county court
in the case against Larry O'Neill, adj
ministrator for the estate of Julia
Breen, and refused to grant O'Neill a
new trial 1t appears from the records
in the case that Breen permitted his
policy for $1,000 to lapse during the
period when the society started an in
Vestigation as to his age, and that he
did not avail himself of the opportuni.
ty presented by the society to mem
Der Of good standing.
The judgment against the city OF
Mt. Pleasant obtained in the circuit
court by Michael keenan,, who was in
jured in a cavein while laying water
mains for the city, was affirmed.
William II. Burleston and the other
directors of the Farmers a Merch
ants bank of Hanover, which closed
in 1908, will have to pay Alfred Folks
$17,5S2.95 as the result of an opinion
rendered by the supreme court, in
which the judgment obtained by Folks
ty was affirmed. In the proceedings
against the directors of the defunc
bank, Folks represented 100 othel
stockholders who assigned theil
claims to him.
I'VE think it sufficient to state tina
in our opinion the plaintiffs proc
were ample to establish against tn,
bank, and without error so far as i
was concerned, an indebtedness
amounting to the sum for which judg
ment was recovered" says the court
Sustaining the decision of the cir
cult court of Kent county the suprem
court awarded John Amanta of Gran,
Rapids damages to the amount of So
$50 against the Michigan Central a
the result of serious injuries sustain
ed by Amanta when he was hit by
, Michigan Central switch engine. Thi
. is one of the largest awards in a pei
: sonal injury case that has been affirm
J ed by the supreme court in som
/ time
At the request of Prosecuting A
. torney William II. Andrews of Berrie
count, the supreme court granted a
injunction to prevent Rupert Aue
e from continuing in the retail liquo
: business at Niles. Prosecuting Alto
r ney Andrews attempted to secure tn
5 injunction in the Berrien circuit, bJ
I failed. II appears that Auer took a
g oath May 1, 1912, when he was gran
9 ed a saloon license, that he was
i citizen of the United States, when
reality he was still a subject of En
peror William, of Germany. Aut
}, had failed to take out his secon
il naturalization papers, and upon cor
+ plant of certain citizens OF Nile
}, who objected to Auer being in the s
loon business, the prosecuting alto
ney took action to Gust him.
e A decision in favor of the Kalam
p zoo Lumber company was rendered
5. the personal injury case of John
n yelling. While working on a sa
? yelling sustained an injury to h
: right hand and was awarded a iud
nent In the circuit court. This
ision was reversed and a new tri