Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 53 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...the clerk of a court, may be ordered, by the court, to be entered mmc pro tune, by way of amendment, so as to make the record show what has actually transpired in the cause, upon clear and satisfactory evidence, consisting of uncontradicted aflidavits, and papers filed, and orders entered, in the cause. (p. 342). 2. CouaT--Demurrer--Order--J.udgmcnt. A mere announcement by a judge in court of his Opinion O sustain a demurrer to evidence, without an order or direction to the clerk to enter judgment accordingly, is not a suflicient rendition of judgment to warrant the entry of it as final judgment m1nc pro tunc, when it further appears that absence of counsel was the reason for not ordering it to be entered at the time of the announcement. (p. 343). 3. DEMURRER. By demurring to the evidence, the demurrant admits, in favor of the demurree, all inferences of fact that may be fairly deduced from the evidence. (p. 342). Having knowledge of the negligent practice of a railroad company in making mFlying Switches over a street crossing. cameto the crossing on a starlit, but moonless, night, just as an engine was approaching, and after waiting for it to pass, stepped upon the side track on which the cars following the engine were, and was struck and injured by a box-car, so following, without a light or person on it, and without any sig nal having been given. V. and his.father, who was with him, ' testify that, after the passage of the engine and before proceeding, they looked down the track for cars and saw none. As to the extent of the darkness and whether lights in a passenger coach at the rear of the box cars could, or ought to have been seen by them, the evidence is conflicting and uncertain. Held: That on demurrer to the...