The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-12-12
by such adjudication.
Coal and Coke Railway Company v
BuckhannOn River Coal aud
Coke Company.

judge. 10
A consignor who signs bill of
lading on his own account and not
MS agent for the consignee, is liable
TO the carrier for tho freight, although
title to the goods passed TO the con-
signee on delivery TO tho carrier
Neither the words. Freight collect
from 'consignee." written In tho face
Of bill OF lading. nor printed con-
dition on the back thereof, stating
''the owner or consignce shall pay tho
freight" arc alone sufficient to re-
lieve the consigncr from liability.
Such provisions arc for tho bcnctit Of
the carrier and do not constitute a
special contract with the consignor.
The carrier does not, by walving
its lien and delivering the goods 10
the consignee before payment OF
freight. release tho consignor from
liability. In tho absence of a special
contract. both consignor and conslgnee
who has accepted the goods, are liable
to the carrier.
After, sale and delivery to tho
carrier by the consignor, the owner
may reconsign tho goods without rs-
leasing the consignor. provided his
liability Is not thereby increased.
The consigneo's being under bond
to the terminal carrier to pay the
freight, does not affect tho sconsign.
or's liability on his contract with the
initial carrier for the Joint freight
charges.
:" State v. Mcrlco.u
Tucker county; affirmed; Williams,
Judge.
An indictment for unlawfully carry
ing pistol without a state license
is good Notwithstanding 1t charges in
single count. that, at the same time
defendant carried all the other wea-
pons forbidden by the statute to be
carried. -tt
Although 1t is necessary, in such
case, for the indictment to aver tho
want Of state license, the burden is
on defendant TO prove he had q IL
cense. -~+.t ti,{t -lee
A person, to whom pistol Is given
at his home. has no right, after chang
ing his domicilc, to carry II about his
person from the place Of gift to an
other domicile. 81 ~
Tucker county. decree reverscd and
entered here. Mi,,er imdge
In a suit by the state, pursuant to
chapter los, of the code, to sell for
the benefit of the school fund land
claimed by defendants, section 10. Of
thereof "a taxed Inv tho clerk SHALL
he maid ont of the proceeds of the
sa,e ~ soid rem, Estate and mt o,ber-
Wise !" and tina court Inns no iurisdic-
tion where there has been M misc6n-
duct mr. abuse Of the nrocesa NJ tho
court nv desendnnts IN adimdyo snch
coats mr., nnv' mart tbereof avain.t
them. - ~
TWhen the nuestion NJ cost. 4. MT
discretionarv h,,t 'controlled hv stat
ute7 as m fhjs case mr. NV contract
as in soma cases and such costs are
not merely incidental "a the matter
In controversy before the court, error
In the Judgment or decree may be
corrected by motion, writ of error.
bill or review, appeal or by any other
appropriate process.
And where the state is plaintiff in
such suit, and the erroneous judg-
ment or decree is in It's favor, the err
ror may be 40 corrected rotwith-
standing the provision of section 3s.
of article s, az the constitution. that
the state shall never be made a de-
PENDANT in any court OF law orseouity.
Burton Y, War Eagle Coal COMPANY.
Mingo county; Judgment reversed
and entered here: Miller. Judge.
Where an adult miner. skilled and
intelligent, sees, understands and APP
preciates that tho place in which he
is requested to work by another SER
want ia dangerous and unsafe and that
what he ID requested to do will render
the place continually more, dangerous.
IL he elects to continue at work in
such place he. assumes all risk OF
, personal injuries. precluding recovery
therefor. against the y owner Of the
mine. So fs79 y
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mr. ~ nm rnsuthor,zed o.snt Nv no. oa ;
worrar ~ snrnish nrnns in = r W Nv
ah,a time a. to maize NJ assist IN ~sh
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aan.a a. rama,n,n, s ana ,,ara, ,nS q,
s"nh daroara,,s nieoa ans aina h,.a
rsh. 20 aa,,on rans. t umu sne san
cnnssn,,snt,ai l narsnna1 ininr,as ~
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