Fowler v. B. & O. R. R. Co.
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the eii-cuit court of the county of Harrison, rendered on the 29th day of June, 1878, in an action then pending in said court, wherein William W. Fowler was plaintiff, and the Baltimore and Ohio Railroad Company was defendant, allowed upon the petition of said company. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the eii-cuit court of the county of Harrison, rendered on the 29th day of June, 1878, in an action then pending in said court, wherein William W. Fowler was plaintiff, and the Baltimore and Ohio Railroad Company was defendant, allowed upon the petition of said company. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the judgment complained of. The facts of the case fully appear in the opinion of the Court: cited the following authorities : Sher. & Red. on Neg. § 478; 35 la. 191; id. 449 ; 64 Mo. 297; 63 Ill. 117 ; 28 Ohio St.…
1Opinion of the Court
JOHNSON, PRESIDENT,
announced the opinion of the Court:
In November, 1870, the plaintiff filed his declaration in the circuit court of Preston county against the defendant in a suit to recover damages for an injury alleged to have been done him by the defendant. At a term of said court held in August, 1872, the defendant demurred to the declaration and at the same time pleaded not guilty. At a court held on the 16th day of April, 1874, the demurrer to the declaration was overruled, and the judge of the circuit court-being so situated, that it was improper for him to preside at the trial of the…
2Cases cited10 opinions
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Hawker v. B. &. O. R. R.West Virginia Supreme Court · 1879
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- Spurlin v. NardoWest Virginia Supreme Court · 1960
- Taylor v. Baltimore & O. R.West Virginia Supreme Court · 1889
- Gunn v. Ohio River R.West Virginia Supreme Court · 1896
- Woodell v. West Virginia Improvement Co.West Virginia Supreme Court · 1893
26 more not listed; retrieve them via the Exa API.