Dimmey v. W. Va. Traction & Electric Co.
West Virginia Supreme Court
Error to Circuit Court, Ohio Comity. Action by Mary M. Dimmey against the West Virginia Traction & Electric Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
POEFENBARGER, JUDGE:
•The inquiries arising upon this writ of error to a judgment for the defendant, rendered on a directed verdict in an action for personal injuries, are,. (l) .whether the defendant was negligent, and (2), if so, -whether the plaintiff was guilty of contributory negligence barring right of recovery.
The defendant owned and operated a double-track electric railway on a public highway known as the National Road on which the plaintiff’s residence property abutted. This traction line extended from a point on or near the boundary line between Pennsylavnia and West Virginia and…
2Cases cited21 opinions
- Knoxville Traction Co. v. BrownTennessee Supreme Court · 1905
- Shea v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
- Chicago City Railway Co. v. FennimoreIllinois Supreme Court · 1902
- Shea v. Potrero & Bay View RailroadCalifornia Supreme Court · 1872
- Nuzum v. Railway Co.West Virginia Supreme Court · 1887
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3Cited by2 opinions
- Harrison v. Mobile Light R. Co.Supreme Court of Alabama · 1936
- Chambers v. Princeton Power Co.West Virginia Supreme Court · 1923