Legal Opinion

Coates v. Montgomery Ward & Co.

West Virginia Supreme Court

Decided December 6, 1949No. 10124PublishedCited by 7 opinions

1Opinion of the Court

Kenna, Judge:

This action of trespass on the case was brought in the Circuit Court of Cabell County by Flora Coates against Montgomery Ward & Company to recover $5,000.00 alleged damages suffered by plaintiff from a fall in defendant’s store room located on Third Avenue in the City of Huntington on the 27th day of April, 1947. To a judgment for $650.00 based upon a verdict for a like amount the defendant below was granted this writ of error.

The plaintiff below, defendant in error, Flora Coates, does not appear in this Court.

The declaration is in a single count and in effect alleges negligence…

2Cases cited4 opinions

  1. Elswick v. Charleston Transit Co.West Virginia Supreme Court · 1945
  2. Reynolds v. W. T. Grant Co.West Virginia Supreme Court · 1936
  3. Higgins v. Goerke Kirch Co.Supreme Court of New Jersey · 1919
  4. Higgins v. Goerkekrich Co.Supreme Court of New Jersey · 1918

3Cited by7 opinions

  1. Board of Education v. Zando, Martin & Milstead, Inc.West Virginia Supreme Court · 1990
  2. Ungefug v. D'AMBROSIACalifornia Court of Appeal · 1967
  3. United States v. Mountain State Fabricating Co.Court of Appeals for the Fourth Circuit · 1960
  4. Konopka v. Montgomery Ward & Co.West Virginia Supreme Court · 1950
  5. Roach v. McCRORY CORPORATIONWest Virginia Supreme Court · 1974

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