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

- 49,
SyIlabuses 81 cases recently passed
on by the stare supreme court are
Mccoy Is. Mscoy siohSngafia
county Affirmed. nudge PoHen9aE-
ger.
l. In the absence OF reDltcatton,
the answer OF y defendant q ~ III
equity 4suit Is taken as true for E4ae.
purposes OF the case, IL the de6eua-
ant has not taken Slspositions as a.
one had been filed and thus Submit
ted the case upon it's neftts.
e. Admission and agreeme ntss
made in open court by the paTtdss 60.
the cause and acted upon BY the.
court are binding and decree
founded thereon Will not be reEerss1l
3. husbands assent TO his
~ife,s separation from nsn ex0nef-
ates her from the charge OF deserttOn'
and bars his SUIT for dfyorcc foHnded-
upon such charge.
POST, administrators, vs. City OF
sClarksDurg. order setting aside YER
Dict reversed and juagmTt in YER
dict Judge P51fenbarger
For the purpose Of an action
against q city for: an Inquiry aa4egeu
TO have resulted from d defect in g
sidewalk Constructed along the SIDE
Of building and border ng on
public street. but on land belonging
to the owner of the building, the
sidewalk ID suficfently recognized as
public walk by the grant, by the
CITY council, of d permit to the Oval
maintain and operate n such SIDE,
walk an elevator in connection with
their use Of the building,
q. An elevator FOR lowering
goods from the sidewalk to a base
ment and lifting tnem from t9e
basement to the sidewalk, so CON,
strueted as to leave no defect in the
walk when lowered and not In OPP
Grafton, not dangerous to- persons
using the sidewalk as travellers whtn
in operation and not. left st1csl con
dit.on as to be dangerous to thein
when not in use, is not public nul-
sance, an Obstruction of the SIDE
walk nor defect therein.
g. a city Is not liable for the
death. BY the operation OF such an
elevator. Of a person who, Wn1fe
travelling on the sidewalk and seeing
1t in use ana raised, projected por-
ton pf his bondy under the upper
part of it and was killed by :ts re- re-
scent.
duty upon munictp pal corporations tq
i[een their streets and sidewalks reas
sonably safe for use by the genera
public does not make them liable for
Injuries negligentIy inflicted By per-
sons lawfully using saieh, pupilc
WAYS. 1lpon one another E.s :
South side Bank vs.. Center
Wheeling Savings Bank. ONO
county. Affirmed. JUICE Pohenioar-
ger. ~
: i. A creditor IN a second deed OIL
traist FOR the amount of his ds0t ana
cured by 1t and suDquently pur-
chased the property at a sale un-
der the first and executed his note
to the creditor In the fffst deed o.
trust FOR tn amount of his debt and
secured it by a third deedso OF trust on on
the property, instead Of paying II -
the creditor directly or through the
trustee prr the debt secured by said see
ond deed of trust is not entttlea 70
preference over the debt secured y :
the third one ~. r.
9 Equities being equal. the ie-
gal title prevails. c,,4v NJ
W,gal, administrator, VS.; City o.
parkersburg. Wood county. Al
armed Judge Williams.
A municipality maintaining
water works system for supplyins
it's inhalo:tants with water Tor 40
m sstic use. is not thereby performing
4 government function, and is ll3pls
for acts Of negligence respectlin ll
sIIcn business just as a private ~
dividual.
- = -, -,1,yT.orTTprESFra.