The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-07-03
SY[[ABUSE5:

Some ! lppeal Cases Recent
y Dech Ted by the State
81 pfeme Court.
supreme Z oprt Of the state sylla-
es are as Follows:
'orbin v. c fly of Huntington. Judg-
at reverse d, verdict set aside, and
w nntnria lawarded. Judge Lynch.
A curb box in a city sidewalk is
essential y an actionable obstruc-
!. 1t may however, become such,
reason Of = Is situation therein; and
his the jul y, in a proper case, may
ermfne fro N the evidence. subject
review for srror therein.
. While pedestrian may properly
ume q city pavement is reasonably
e for public use, he Is bound never
less to exc tcise ordinary care for
own person al safety while thereon.
allure to do SO, when he knew or by
exercise: Q Z ordinary care could
e known Of a defect therein, pre-
ies recover! sfrom the municipality.
Whether he exercised such care.
knew or by the exercise Of ordinary
gence could i have known of such
ect, are que stions Of fact for Jury
ermination, Subject to review for
Or therein.
A married , woman, not engaged
business on her own account. can
, in an action tfor personal injuries,
over damage for the impairment
her earning capacity resulting
refrom. Nor nm she, in such action,
over for loss, of time or for money
ended in Ell betting a cure, unless
AYERS and + Foves employment Of
time or a ma kterial part thereof in
b business, OF that she has paid or
egally bound to pay the same out
1er separate state.
tate vs.. Cool Ser, Fayette county.
gment affirme d. Judge Lynch.
One who 81 trves on the grand
Y which retui med an idnictment
disqualified 70. service as a petit
or on the trial of a person thereby
used.
J. Though by 1.-THE court deemed
lifted upon yo lr dire and sworn
such juror, he not then recalling
h former servit Il, 1t was not error
excuse him fr, tm the panel OF
I've, and in his stead to substitute
'ther who upon examination was
ertained to be Tree from disqual-
alton.
Is A mere obje elton TO the with
wal Of disqu alified juror and
substitution Of another upon due
adjudt tad free from OBJ
ton. is not CHI allenge for cause
/. One accused GU a felony valves
sight Of challen e.e,. and will not
er verdict, be he ard to complain
with knowledge Of the disqualifi,
ion, he remains /; silent or refuses
en- affored an opp srtunity. to exer-
3 his right theretoi
). Remarks of counsel In argu-
Mt, which, when objected to, the
lrt instructs the ury to disregard
not cause for rev ersal Of judg
mt on verdict otherwise free
IN error.
s. A case in whit n rulings on in,
uctions held not erroneous.
Dunn ct al VS.. Bank Of Union ct al,
'nroe county, decr,se reversed ano
Use remanded. Jul dye Lynch.
l.. Under section 6, article XI
Institution, and SEE tion 78a Ill
apter "a, Code Of 1913, an as
nor Of bank stock remains liable
.er transfer thereof. to the extent
by said sel:tions, for ar
lebtedness incurred by the banl
lille he was owner Cd such shares
2. The renewal Of bank deposit
-tificates does not Operate as a no
ton of the original Indebtedness.
3. A decree is inetfssctual for any
rpose as against defendants who
3 not served with Pre- 1:ess and whit
not appear to the caatse,
-h
Keller VS.. Roetting, t5abell county
dgment affirmed. Judge Lynch. !:
In trespass on tn eca BE, fer fraut
ducing purpose Of col tporate stock
aintiff must in his d, declaration at
matively allege. and in HIS proc
tisfactorily show, reliance On tn.
lse Representations anda that he wa,
ereby. misled and dechiyed to hi
jury. -
Q. Where in such ca SO he relic!
'on his own judgment sis to values
the proof fails to show the natur.
d extent of damages tcaused. By
9 Misrepresentation tcomplainet
i, there can be no recovery.
zolsman VS.. Totz ct all, Mcdowell
unity. decree reversed, injunction
instated and perpetuated. Judg,
'nch.
4. The mayor Of a mi,,nicipalit.
thin this state possesses no. lega
to. take and csa-tify &C
lowledgments to deeds or othel
things; such authority being limit
, by section 8, chapter 70, Code Of
10, to the persons therein named
An aairnow1ad poaot a. 49,,