The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-04-14

OF Some Appeal Cases Recent
Iy Decided BY the State
Supreme Court.

Syfla0nsss OF eases recently passed
on by che state supreme court are
as follows:
county. Affirmed, Judge Bei1effogaL r-
ger.
u. In the absence OF a rePlseafion.
the answer OF defendant IN an
equity SUIT Is taken as true fer ne
purposes OF the case, II the DEFEND
ant has not taken dispositions as =
one had been filed and thus suDtnle-
ted the ease upon it's merits
. Admission and agreements
made in open cc'art by the parties 70
the cause and acted upon by the
court are binding and a decree
founded thereon will not be reVefss1
8. a husbands assenr to MS
wffeis separation from nm exo4sF-
ates her from the charge OF desertion
and bars his SUIT for divorce founded
upon such charge. 3.
Post, administrator, vs.. City 81
Ciarksburg. order setting aside yef-
dict. reversed and judgmnt In Yer
dict Judge PofEenbarger
For the purpose OF an actlon
against a city for an injury alleged
TO have resulted from defect IN 2
sidewalk constructed along the sue
Of a building and border ns Oh
L.nbItc street, but on lana belongtile
to the owner OF the building, tne
sidewalk Iy sum ctently recognized as
a public walk by the grant, by the
city council, OF q permit to the OWL
ers OF the building to construct
maintain and operates-!n such slas-
walk an elevator in connection WITH
their use OF the building.
Q An elevator for ioWerthh
goods from the sidewalk to q 5ase-
ment and lifting tnen from the
basement to the sidewalk, so eon-
structed as to leave no defect in the
walk when lowered and not In OPP
Grafton, not dangerous to persons
using the sidewalk as travellers whln
in operation and not left such con |
dit5on as to be dangerous to tnenn
when not in use, is not pubic nul-
sance, an obstruction of the sioe-
walk nor defect therein
8. A city Is not liable for the
death. by the operation OF sueh au
elevator, of person Who ware
travelling on the sidewalk and seeing
1t in use and raised, pToleetea a ,,l per
ton of his bondy under the uppeF
part Of it and was killed by It's re-
The statute imposing absolute
duty upon municipal corporations 10
keep their streets and sidewaRKs fea
sonably safe for use by tae genera
public does not make them ilaDle To-
In 1ufi6S nGSl6G4ALAy
sons lawfully using such public .
WAYS. upon one another
South Side Bank VS. CenteI
wheeling Savings Bank. ONO
county. Affirmed. Judge Pohenbar-
ger. , a5 ot
1. A creditor in second deco o.
trust for the am cunt OF hisdsbt ana
cured by it and supquently pur-
chased the property at sale IN
der the first and executed MS noeS
~ the creditor in the first deed o1
trust for TIL amount of his DEBT ana
secured it by a third deed OF trust rus. On -,
tile property, instead of paying II -
the creditor directly or through tne
trustee. the debt secured by SAID seq
ond deed OF trust is not entitled ~
preference over the debt secured "
the third one. ~ ,e-
gal title prevails. 49, ~
Wlsal, administrator, vs.. City "
Parkersburg. Wood county Al
armed Judge Williams.
i. a municipality ma1ntaln ms q
wafer works system for supplylns
NJ inhab.tants with water for 40
nestle use. is not thereby perfolT,l.n li,s,s
l., Government function. and is lads
lfoT acts of negligence respectlin l.
sucn business Just as a pr.Vate "a
ldividual.
- - mo rA1rTs nrsposrTIO1Es.