Cavendish v. Chesapeake & Ohio Ry. Co.
West Virginia Supreme Court
Errar to Circuit Court, Payette County. Action by Nora Cavendish, administratrix of John M. Cavendish, deceased, against the Chesapeake & Ohio Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Lively, Judge:
John M. Cavendish was accidentally killed on a railroad crossing in the city of Montgomery, by westbound Chesapeake & Ohio train No. 1, about 10:30 o’clock on the morning of November 3, 1921. On the 13th day of February, 1923, plaintiff, as administratrix of his estate, obtained a verdict and judgment for $5,000 against the railroad company, for negli gently causing his death; and this writ of error was awarded to that judgment.
The accident occurred on the Lee Street crossing where there are three tracks of the railroad company, of standard gauge, about eight feet apart. The…
2Cases cited13 opinions
- Murray v. St. Louis Transit Co.Supreme Court of Missouri · 1903
- City of Elkins v. Western Maryland Railway Co.West Virginia Supreme Court · 1915
- Robinson v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1922
- Beyel v. Newport News &. M. V. R'd Co.West Virginia Supreme Court · 1890
- Young v. West Virginia & P. R.West Virginia Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Gilkerson v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1946
- Davis v. SargentWest Virginia Supreme Court · 1953
- Daugherty v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1951
- Lewis v. MosorjakWest Virginia Supreme Court · 1958
- Adkins v. Aetna Life InsuranceWest Virginia Supreme Court · 1947
33 more not listed; retrieve them via the Exa API.