Melton v. Railroad
West Virginia Supreme Court
Error to Circuit Court, Kanawha County. Action by J. J. Melton, sheriff, against the Chesapeake & Ohio Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Brannon, Judge:
Peter Myers was killed by a locomotive and tender on the Chesapeake & Ohio Railway, and his administrator having recovered a judgment for $2,000 the railroad company • has appealed the case to this Court.
The great question of the case is,' Was Myers killed at a public crossing or while using the track elsewhere for walking? For the rights of Myers and the liability of the defendant would be different in the two cases. The court put to the jury this interrogatory: “Was Peter Myers killed at a public crossing?” The answer was, “Yes.” This answer is utterly unwarranted by the…
2Cases cited2 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Huff v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1900
3Cited by13 opinions
- Blagg v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1919
- Barron v. B. & O. RailroadWest Virginia Supreme Court · 1935
- Smith v. Sunday Creek Co.West Virginia Supreme Court · 1914
- Payne v. Virginian Railway Co.West Virginia Supreme Court · 1948
- Belcher v. Norfolk and Western Railway CompanyWest Virginia Supreme Court · 1955
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