The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-05-07
Supreme Court Decisions

CfAhLESION, May 6.-Nine cas-
es were decided this week by the
state supreme court. two from Mar
ion county, TWO from Wetzel county
and one each from Marion, Dodd-
ridge. Berkeley. Randolph and Bar
bour counties. The syllabI are as
follows:
Carper v. MononsaheIa Valley
Traction Co., Harrison county. judS-
ment affirmed; Miller, Judge.
Defendants demurrer to the
plaintiffs evidence in killing one of
plaintiffs fat cattle-was properly
sustained and relief denied"
Allen. Admx., Linger ct ais.
Doddridgc county, Judgment re-
Hersed; demurrer sustained, case re-
manded; Miller, judge.
4. 1t is not negligence per Sc TO
employ young man eighteen years
of age, without the consent Of his
parents or guardian, to drive a team,
and to go into the woods or forest
where trees are being cut and fellcd
and TO haul such logs and timber
from the place or places where cut to
a saw mill plant there operated BY
his employer.
80. A declaration charging de-
PENDANT with having so employed
plaintiffs interstate to drive team
into the woods and forests where
trees are being cut and felled. place
of danger. and 10 there hold and
watch the same and by reason where
OF and without fault on his part he
was injured and killed by a falling
tree, presents no case OF actlonable
negligence on the part OF the mas
ter.
"3. A married woman with the
consent of her husband, such con
sent being presumed from her ap-
pointment and qualification, is not
because of coverture, wholly disqual-
fled TO act as Administrative, and
her appointment and qualification
cannot be collaterally attacked in a
suit brought in her fiduciary capac-
ity for damages for the wrongful
death of her decedent"
Basset Y. Strclgbt ct ais, Wetzcl
county, affirmed; Mason, Judge.
al. The doctrine Of subrogation
IS that one who has the right 10 pay
and does pay a debt which ought 10
have been paid by another. is enti-
tied to exercise all the remedies
which the creditor possessed against
that other
"2. A surety, on the payment Of
4 judgment constituting a lien on
the property Of his principal, is en-
titled in equity. without an assign
ment thereof, to be subroEated to
the rights, powers and remedies OF
the judgment creditor for the en-
forcement Of the lien against prop
erty Of the principal debtor for his
own benefit.
80. a purchaser Of property with
notice OF a right in surety 10
charge the same by way Of subroga-
ton, takes it subject to such equita-
BILE right, and such notice may be ac.
tual or constructive.
"a. Where there is a judgment
against three persons jointly. and one
of them is surety for the other two
I and the surety pays the judgment IL
4 whole or in part, he is entitled e
/ be subrogated TO the rights Of the
/ judgment creditor against the prin
| cipal debtors for so much Of the judy
ment as he paid; and where one Of
the judgment debtors is the owner
/ OF real estate at the time Of the rem
dition Of the judgment and aliens the
real estate after the judgment !:
properly recorded, and suit in chan
| Gerry is brought by the surety seek
ing 20 be subrogated to the remedies
Of the judgment creditor. for SO much