The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-11-14
Two Decisions Of Harrison
County Court Taken Up by
High Tribunal. {!

Y 0VAils sl0hCilS OPsUy
High Tribunal.
CHARLESTON, Nov. 1S.-Decisions
have been announced in nine cases by
the supreme court Of appeals, two OF
them being from Harrison county, two
from Monongalia, and one each from
McDowell. Preston, Monroe, Mercer
and Lewis. So /, ! !, d z
In the: case Of Abbie Culp, admin
istratrix. against the Virginian Rail-
way Company, from Mercer county. in
which Mrs. Culp and her three chill
:dren had. been awarded judgment in
the sum Of 81, 200, for the death Of her
husband, Il. @. Culp. q conductor, the
decree OF the lower court was re-
iversed and q new trial was awarded.
Syllabus Given.
The syllabus Of the opinion, written
by Judge Miller, is as follows:
j.. Where the declaration In an ac-
ton against q railway company for
death by wrongful act, properly CON
istrued. contains a general charge Of
negligence, and also q charge of neg
ligence in the violation Of partic-
.ular rule OF the company in the oper-
alton OF It's trains. and right Of re-
covery is not thereby limited solely
to negligent infraction Of such rule,
such declaration Is not bad on de-
murrer for failure to negative certain
exceptions contained in such rule.
2. Where In such action defendant
relies on the supposed negligence and
'coDtributory negligence of an injured
,emp!oye to defeat or reduce the
amount Of any recovery under the
federal employ ers' liability act, II
should not BE limited IN its proof to
Its printed rules, but may properly
give in evidence special instructions
tc such injured employe as. to other
well known rules, practices and Gus
toms promulgated by it to govern its
employees In the safe operation Of its
trains.
3. Where the deaths Of such injured
employe is the basis Of the action. any
standard table Of mortality reason
ably authenticated. covering the class
Of persons to,which deceased belonged
Is admissible in evidence on the ques-
ton of the quantum OF. damages re
coverable.
a. Such mortality table Isl not; In
competent evidence because the In
jured employe. freight train con-
ductor, was not, when so employed
insurable lin some particular. insur-
ance company.
s s.; In such action based on alleged
negligence Of defendant under the fed
eral employers liability act. an in
structionI to the jury proposed by the
plaintiff should be so drawn as moi
to assume as proven the fact Of neg.
ligence. the burden Of proving which
rests upon him.
6. Recovery, by the administrator
Of a deceased employe under the fed.
eral employers liability act. for the
benefit Of those preferred thereby, be.
ing limited by that act to the pecun.
iary loss sustained, instructions to the
Jury based thereon, to avoid error
should be clearly limited to such pc.
cuniary loss. ~ S. Is
4. When the evidence before the
jury is not sufficient toisupports the Of.
firmative issue Of snegli gence. the jury
may properly be SO instructed, and t.
find for defendant: (.
81. Where in such cases defendant.
instructions to the jury are based OF
supposed violation by conductor O
rules promulgated TO insure the SAT-
operation of its trains by him, thel
should be so construed, as not to re
qpire imposstbilities Of such condlic
! tor, but SO as. to permit performance
by him OF all otter duties imposed
without incurrinr the liability Of meg
ligencel or contributory negligence. II
case Of personal: injuries sustained b,
eason Of the negligence Of the defens