The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-05-28
Supreme Court Decisions

Seven decisions were announced
this week by the supreme court OF
appeals in cases which have been
pending before 1t. Judges Mason,
Poffenbarger and Williams having
one each and Judges Lynch and Mil
Ter two each. Two of the cases were
from Mcdowell county and one each
from Mason, Kanawha, Roane. Raj
eigh! and Greenbrier counties.
The Judgment of the Mason circuit
court was reversed and the case of
Meyers Brothers against Hartman
Brothers was remanded for new
trial; in the case OF Ferguson against
the Coal and Coke Company, from
Mcdowell county, the judgment OF
tho lower court was reversed ana
Judgment was found for the defend
ant; the Judgment Of the circuit court
OF RoRno county was reversed in the
case OF driner against Greary; in the
case Of Halatead against Aliff, from
Hrlcigh county, the judgment of the
lowur court was reversed and de-
epen was found for the plaintiff, the
dtcisIoa OF the circuit court OF Green
brler county was reversed in the case
nt MuClung against McClung, and tho
case was Tetnanded.
Ferguson v. Middle States Coal
RRd coks Company, Mcdowell Coun.
IN Judgment reversed; verdict rein.
stBtedi Judgment entered for Defend
anti lynch, judE.
a., A master will not BIO charged
with liability for injury TO u servant
Attributed to defects In machinery or
appliances, whore the instrumsntali-
Hiss employed ARE Ia construction and
6neratI6H similar TO those commonly
used and regarded m safe by other
employers Ia like service, and could
Het be- anticipated by the, master AaYs
Al the result OF the negligence Ut n
feilew servant OF tho injured etn1
pleysse' a,.na . ,,.,. .,.,,o., ,,,v
transferred to work not within the
scope OF, but more dangerous than
his regular employment is not pre-
stunned 10 knew OF assume the peetils
lar risks Of the new service, and In
the absence OF instruction or warn
Ing BY the master Ii entitled To ss=
sVne the new periis are no greater
than these that attach TO his regular
work. yet II the master and servant
havs equal knowledge OF the new
dangers and they are such as the
adult servant had capacity readily TO
appreciate and understand, failure TO
warn and instruct will not GENERALLY
impose liability for a resultant lB=
jury"
Haistead ct al., v, AlifTet al, Raj.
eigh CetHity. Decree reversed aud
entered heI,ei Miller, Judge,
ii, In d suit to remove cloud
upon plaintiffs title and to enjoln the
cutting Of timber on his land, adthss-
sion Ia defendants answer Of Il com.
mon source Of title, though not 81.
legged In the bill, will excuse plain
tiff on the trial from proof of title
back OF tho common source 30 ad-
mttted,
"s. Euch common source OF t1tle
not being the foundation for the re-
lief prayed for, but only fact prova-
BILE under the allegation of good tito
In plaintiff and no title in defendant,
and possession, the proposition stat
cd in the frst point of the syllabus
does not contravene the rule that adj
mission In an answer to bill in
chancery cannot lay the foundation
for relief under any specific head,
unless substantially set forth in the
bill.
"s. Where plaintiffs title is clear.
as matter of law, and resort to Il
jury trial on questions of fact is uu-