Smith v. Point Pleasant & Ohio River R. R.

Grbeh, Jud&e:

The material facts of this case are the same as those in the cases of Spencer v. Railroad and Campbell v. The Same, which hav.e just been decided by this Court; and the decision in those causes must control th'e decision of this cause, and this Court must render in this cause a decree similar to the decrees of this Court in those causes. There was however one point, which has been in argument urged in all'these causes, *452which was not referred to in the opinion of the Court in those causes. It is insisted by the appellee’s counsel, that this was a proper case, in which to graut an…