The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-02-19
SYLLABlJ5ES
of Some Appeal Cases Recent
~ Decided by the State
Supreme Court.

Syllabuses in cases recently de
cided by the state supreme court are
as follows:
Lynch ct nj. '. NOrthyieW ct al.
/. Municipal ordinances, placing
restrictions upon lawful conduct OIL
the lawful use of property, must spec
iffy the rules and conditions TO DC
observed in such conduct or business
and must admit of the exercises of the
privilege by all citizens alike who
comply with the rules and conditions
@ A municipal ordinance making
1T unIawflii to dig in the streets TO-
the purpose of laying gas pipes, with
out the consent of the council of the
town, entered upon the record OF SAID
town. is void, for the reason that Il
vests the council with arbitrary pow.
er To discriminate between citizens
who may wish to obtain the privilege
8. The owner of the fee has a rlgna
to use the subsurface of public
street, subject to the superior righi
OF easement therein in favor of tho
municipality for water gas and sewer
mains, etc, provided he does not ma
terialIy interfere with travel on the
surface.
ordinance prescribing any rules O
regulations governing the conduct o
citizens in making excavations in tnt
street, it is not unlawful for the own,
er of the fee TO dig ditch and LAY
a gas pine line hereunder, provided
he leaves the surface in an good con
dition as he found it and does moi
materially interrupt travel thereon
Such temporary and partial obstruc-
ton is not per Sc a nuisance ~
a municipality which has not pres
emit need to occupy the subsurface OF
a street for its own purpose, can not
eniofn the owner of the fee therein
from making lawful use OF 1t Tor ms
own private purpose.
Adams '. Chesapeake & Ohio Railway
Company.
4 A minor servant, though four
teen years old or over and prespihp
lively capable of recognizing and .ap-
preciating DANGER is not held as mat
ter of law to have assumed the rlsh
Of injury incident to his employment
except in very plain cases, unless ms
hnoyyledge OF the danger and means OF
avoiding 1t afffrmatively appears OF
warning thereof and instruction as U
provision against it are s'aown &c
have been given bYfSas master
The danger incident. to Gnrea-
scnably- long service withoutrsleep, al
night. without a. light and about
douhle-track railroad. on which trains
are passing in both directions, re-
auires of such a servant, IS ATTENDED
nv a peculiar risk of INJURY, due tc
the tendency of long service ana ae,
nrivation of sleep to dull the mental
fac,,Ities and weaken the powers oil
oheervation. which he is not held as
natter of law to have assumed, IN
the absence of proof OF warning there
If and instruction as to means o.
avoidance or previous service OF suci
length without sleep or some other
fact from which. knowledge or the
peculiar danger and Assumption OF the
risk can be inferred.
Solesberry ct NJ '. Yirginlan Halfway
s5s1 A railroad right of way, ACQUIRES
in condemnation proceedtngsft wn nc.
mt one of several cotenants OF the
i<SI,l 10 q marty. will not, in a Spart1tlon
eoi,eht hy other co-ownerss be allotted
Wholly to- the condemnor, If the a!lot-
tnept operates to the serious injury
or prejudice of such co-oWne
O.. whether such allotLneht Ill1S os
made depends upon the clIcunts. a a.'sa
and conditions of each particular case
Where a report of partition
made nv commissioners is proper on
its face. every reasonable presumptioh
is in favor of it's fairness. -.
" case in which, upon proper
annrication of the principles thus an
nopnced, such allotment was properly
f Ea1IeT s summerviIIe Railroad Go. '.
Vencill ct al.
!. Issuance of a charter ana or
Hereunder are not alon
conclusive of authority IN fa ..,,. 90
corporation to appropriate p t''A
p p Q p' Fssfore q corporation, though /
thus Chartered and organized, can
,a,.,s,,IIv condemn private property, It
iaMluia onnear. when denied, that the
my, ImeS e S nnbIic and not merely private.
use IS = Whether the use for which pri-
vale property may be condemned IS
public, is a question for 1udiciei &C.
termination.