Legal Opinion

Gartin v. Draper Coal & Coke Co.

West Virginia Supreme Court

Decided January 28, 1913PublishedCited by 16 opinions

Error to Circuit Court, Logan County. Action by William Gartin, administrator, against the Draper Coal & Coke Company. From an order setting aside a verdict for plaintiff, be brings error.

1Opinion of the Court

POEEENBARGER, PRESIDENT :

Plaintiff’s decedent, a boy 17 years old, and a servant of the defendant company, was killed in its mine by a fall of slate. A verdict for $6,000.00 against the company was set aside by the court under the impression that it had erred in the trial of the case. ITpon this writ of error, reversal of that order and judgment on the verdict are sought.

In support of the action of the trial court, there is a cross-assignment of error based on the overruling of the demurrer to the declaration. Though the declaration was not skilfully drawn and might have been made more direct…

2Cases cited12 opinions

  1. Ewing v. Lanark Fuel Co.West Virginia Supreme Court · 1909
  2. Clarke v. Ohio River R.West Virginia Supreme Court · 1894
  3. Transportation Co. v. Standard Oil Co.West Virginia Supreme Court · 1902
  4. Wheeling v. BlackWest Virginia Supreme Court · 1884
  5. Bank v. Ohio Valley Furniture Co.West Virginia Supreme Court · 1905

7 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Grass v. Big Creek Development Co.West Virginia Supreme Court · 1915
  2. Daugherty v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1951
  3. State Ex Rel. Perry v. MillerWest Virginia Supreme Court · 1983
  4. Algoma Coal & Coke Co. v. AlexanderWest Virginia Supreme Court · 1950
  5. Haptonstall v. Boomer Coal & Coke Co.West Virginia Supreme Court · 1916

11 more not listed; retrieve them via the Exa API.

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