The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-05-21

/ &Ost TN1ttbG 0uu&IUtuI uIs
frmed; Miller, Judge.
The declaration In this case for
personal injuries sustained by a min
err In a coal mine. due to the alleged
negligence OF the mine foreman, Is
good on demurrer.
Where mine foreman, in addi-
ton to his statutory duties is also
the duly authorized representative of
the owner or operator of coal mine.
In employing and discharging miners
and assigning them to their places
OF work in the mine, and who negli-
gently and without notice or warning
assigns one OF said miners. ignorant
thereof, to work at a place suddenly
become dangerous and known to him
to be dangerous, the owner or opera
tor is liable In damages for conse-
quential personal injuries sustained
by the miner, due to no fault on his
part.
Whether under the facts proved in
this case plaintiff was entitled 10 no.
tee or warning OF the dangerous con-
dltior OF the roof under which he Was
assigned to work was a question of
fact Tor the jury.
Contributory negligence is q mat
ter CT defense, the burden of estab-
fishing. which is usually upon defend
ant. Though an employee have
some notice. and remains at work.
the test is, did he know. or ought he
to have known. by the use of ordi-
nary common sense and prudence. as
applied In the particular Instance that
dangers were before him and injury
likely to result from the defects or
conditions surrounding him, ques-
ton of mixed law and fact generally
for jury determination. and one prop
erly determined by the jury adverse
ly to the defendant in this case.
Monongahcla Valley Traction Co. V.
Window ct al; Harrison County;
Judgment affirmed; Lynch, Judge.
In eminent domain. the damages
must be assessed once for all. When
lawfully assessed. they include all in
jurles resulting from the particular
appropriation and from the construc-
ton and operation of the utility in a
reasonable and proper manner ever
thereafter: and tine owner Is preclud-
ed from the maintenance OF sep
aratc action to recover damages aris-
ing from such lawful and proper con-
struction and operation.
In determining the amount Of such
compensation. 1t Is proper for the
commissioners or the jury to consiu-
err the nature of the improvement,
the manner in which 1t is made. the
character of the tract of which a part
Is taken, the situation of such part
with reference TO the residue and the
effect Of the severance thereon, in
Guiding the loss of lateral support.
1t is proper also to include in the
award the expense necessarily in
incurred or to be incurred by the
owner. on account OF the improve
ment. to preserve the property not
taken and render it ut for use and
enjoyment.
Where. in condemnation pro-
ceeding the jury has viewed the
premises their award of compensa-
ton will not be disturbed merely be-
cause few Of the many witnesses
for the landowner, although as resi-
dents in the community they had
known the property for consider
able time, did not possess any special
qualifications to speak of values or
the consequences of the appropria-
ton.
State V. Monmouth; Mercer County;
Judgment Reversed; Indictment
QuaSlicd; accused Discharged;
Lynch, Judge.
An indictment, to be sufficient, must
describe the offenses with reasonable
certainty and precision, that the ac-
cused may prepare his defense and
avail himself of judgment OF con-
viction or acquittal in bar of fur
Their prosecution for the same crime;
'and that the court may be able, when
necessary. to determine whether the
facts alleged constitute an offense,
or II proved. support verdict of con-
viction. and to impose the proper SEN
tence therefor, if one should result
from trial Of the case.
The averment of facts necessary to
show on its face common law or
statutory offense, not mere conclu-
sions OF law, Is essential to n valid
indictment: and an indictment which
in general terms charges that the ac-
cused, as agent of a co-partnership,
uad' Win " stll oills IleH y
clothing, cause to be published a
false and deceptive advertisement to
the erect that to each purchaser of
fifteen dollar suit sold the princi-
pal would give free palm beach suit,
well knowing the employer did not
intend to give such suit free, but did
intend to give suit of an inferior
grade or quality. no sale or gift or
offer for sale to the public being
averred or that the principal had or
| possessed such suits or was a dealer
therein for sale to the public, docs
not sufficiently charge violation of
section /. chapter 40. acts 1915; sec
So. chapter las. Barnes Code 1915.
Smith ct al., V. Johnson ct al; Tuck
er County: DEGREES Affirmed;
! Lynch. Judge.
| A voluntary conveyance Of land
will be held fraudulent as to subse-
quent creditors where it was intend
ed by the grantor so to operate as to
future liabilities incurred by him.
Where debtor who is virtually, IL
not wholly lnsolvent. and is sued and
threatened to be sued, conveys all his
real estate, consisting of various
tracts. to his brother. who, at the
time apparently is aware OF the gran
/ tors financial situation and who has
not assumed any proprietary control
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