Douglass v. County Court of Roane Co.
West Virginia Supreme Court
Appeal from Circuit Court, Roane County. Action by G. W. Douglass, as administrator, against tbe County Court of Roane County, for the wrongful death of plaintiff’s intestate, and from the sustaining of a demurrer to plaintiff’s declaration, the plaintiff appeals.
1Opinion of the Court
Poffenbarger, President:
The decision certified in this case sustained a demurrer to a declaration setting up a claim for damages for wrongful death of the plaintiff’s intestate, inflicted on a county road, by a motor truck owned by the defendant and operated by one of its servants.
The condition of the road at the point at which the decedent incurred his fatal injury seems to have been good. The declaration alleges that it was at least twenty feet wide and there is no suggestion that it was rough, uneven or otherwise defective. It may be inferred from certain allegations, that other portions…
2Cases cited14 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Gibson v. City of HuntingtonWest Virginia Supreme Court · 1893
- Ritz v. City of WheelingWest Virginia Supreme Court · 1898
- City of Richmond v. Long's Adm'rsSupreme Court of Virginia · 1867
- Mendel & Co. v. City of WheelingWest Virginia Supreme Court · 1886
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3Cited by14 opinions
- Petros v. KellasWest Virginia Supreme Court · 1961
- Gunther v. Board of County Road CommissionersMichigan Supreme Court · 1923
- Hayes v. Town of Cedar GroveWest Virginia Supreme Court · 1944
- Ward v. County Court of Raleigh CountyWest Virginia Supreme Court · 1956
- Cunningham v. County Court of Wood CountyWest Virginia Supreme Court · 1964
9 more not listed; retrieve them via the Exa API.