Legal Opinion

Cain v. Kanawha Traction & Electric Co.

West Virginia Supreme Court

Decided January 27, 1920PublishedCited by 7 opinions

Error to Circuit Court, Wood County. Action by Charles S. Cain against the Kanawlia Traction & Electric Company. Verdict and judgment for plaintiff, defendant’s motion to set aside tbe verdict and to grant a new trial overruled, and it brings error.

1Opinion of the Court

Williams, Pbesident:

This is tbe second writ of error awarded in this case. A review of it on the former writ of error is reported in 81 W. Va. 631, and the principles therein decided settle nearly all the questions here presented. Plaintiff’s evidence is not materially different on the second trial from what it was on the first, and although the defendant has introduced some testimony in addition to what it presented before, it is only cumulative, and not decisive of the issues; hence it would not warrant the court to take from the jury, by the peremptory instruction, which was offered by…

2Cases cited5 opinions

  1. Ewing v. Lanark Fuel Co.West Virginia Supreme Court · 1909
  2. Normile v. Wheeling Traction Co.West Virginia Supreme Court · 1905
  3. Foley v. City of HuntingtonWest Virginia Supreme Court · 1902
  4. Cain v. Kanawha Traction & Electric Co.West Virginia Supreme Court · 1918
  5. Harman v. Appalachian Power Co.West Virginia Supreme Court · 1915

3Cited by7 opinions

  1. Riddle v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1953
  2. Darling v. BrowningWest Virginia Supreme Court · 1938
  3. State v. MoubrayWest Virginia Supreme Court · 1954
  4. Smith v. AbbottWest Virginia Supreme Court · 1928
  5. Virginia Public Service Co. v. SilverCourt of Appeals for the Fourth Circuit · 1934

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