The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-03-05
HIGHEST COURT
DECIDES CASES

work in the mine, and an employee
without fault or negligence OF the
company while engaged in It's bus
mess and while on such car, the COM
pany can be compelled to respond in
damages for injuries so caused by its
negligence.
70. In action to recover damages
for injuries caused by the negligence
Of the defendant, IL the plaintiff has
been guilty OF contributory negligence
he cannot recover.
"6. When contributory negligence
is relied on in defense Of an action
for wrongful injury, hypothetical in
struction directing a finding in favor
of the plaintiff. which omits any ref
crencc to the facts tending TO estab-
fish contrihutory negligence. and en-
tircly ignores such defense, Is erron-
Gous."
In the case OF state against SOM
mers, from Lewis county, the judg-
meHt Of the lower court was affirmed;
Williams, judge. The syllabus was as
follows:
Il. a deed, even though made by
a stranger to the title, may serve as
color Of title TO an occupant OF land
claiming the forfeited title, under Sec
ton 3, article 13 OF the constitution.
20. Such deed Is sufficiently definite
to answer as colorado title il 1t de-
scribes the tract OF land by reference
TO lands Of adjoining owners.
20. The occupancy OF claimant
OF forfeited title, whether as of the
first or third class of persons de-
scribed in section 3. article Is Of the
constitution, is not affected by the is
suanCe OF summons against him in n
proceeding by the state TO sell the
land as forfeited. His right is pro-
teCted. if. at the date of the decree,
the period of the required occupancy
is complete and he has paid taxes for
the required time"
The decree of the Mineral circuit
court was affirmed III the case of the
Davis Trust Company against Price
and others; Williams. Judge. The
syllabus follows:
Il. Testator's. sister, to whom he
had bequeathed share of his estate.
died, and he thereupon made codi-
Gil. giving her share TO her three chill
dren in the following manner: | wish
her share would be distributed among
her three children. Elsie, Harry and
Catherine Price and that their share
will be held in escrow in the Trust
Company Of West Virginia ut EIkins.
until all of them shall have reached
their majority. Held: BY all tes-
tator meant each and each=child on
arriving at q years Of age, was en-
titled to receive its share.
"2 The trustee of a fund created
by will, who mistakes his character
for that OF guardian, and settles his
accounts as such, from year to year,
is not thereby estopped from getting
up his true character as trustee and
accounting for the fund in his hands
as such"
In the case OF Bond against Priest,
from Lewis county, the Judgment of
the lower court was reversed. the
plaintiff to take nothing; PofFenbarg-
er. Judge. The syllabus is as follows:
al. a grantee in a deed, convey
ing a tract of land subject to an oil
and gas lease under which the lessee
has right to drill or pay money in
lieu of drilling, as 1t may see At, re-
serving to the grantor share of the
royalties under that lease or any sub
sequent one and expressly authorizing
The grantee to lease the land for oil
and gas purposes and take the rentals
may rightfully extend the existing
lease. before expiration thereof. IN
consideration Of the annual payment
of money in lieu of drilling.
go. A demurrer to special count
in a declaration in assumpsit, alleg-
Ing such facts, is well taken.
"3. On n writ of error to a iudg-
ment rendered by the trial court agree
able to its own finding. under waiver
Of trial by jury. on n declaration in
assumpsit, containing good common
counts, not sustained by any evidence
at all. and n had special count based
upon documentary evidence showing