Legal Opinion

Jenkins v. Chesapeake & Ohio Railway Co.

West Virginia Supreme Court

Decided March 26, 1907PublishedCited by 13 opinions

Error to Circuit Court, Fayette County. Action by David Jenkins against the Chesapeake & Ohio Railway Company. Judgment for plaintiff. Defendant brings error.

1Opinion of the Court

Miller, Judge:

The plaintiff, in December, 1903, during the prevalence of an epidemic of smallpox in Fayette county, and who had been taken with that disease, was arrested at Montgomery by the health officers near the railroad of the defendant company about three o’clock in the afternoon, and put into a common box car and locked up, without any provision for fire or bed-clothing to protect him from the severe cold weather then prevailing. This car was, about six- o’clock in the evening of the same day, taken up by the defendant, put into a freight train, and about twelve o’clock that night set…

2Cases cited11 opinions

  1. Burton v. LarkinSupreme Court of Kansas · 1887
  2. Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
  3. Nutter v. SydenstrickerWest Virginia Supreme Court · 1877
  4. Rowan & Co. v. HullWest Virginia Supreme Court · 1904
  5. Kline v. McLainWest Virginia Supreme Court · 1889

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

3Cited by13 opinions

  1. Lusk v. LuskWest Virginia Supreme Court · 1932
  2. Marshall v. Salt Lake CityUtah Supreme Court · 1943
  3. M. H. Walker Realty Co. v. American Surety Co. of New YorkUtah Supreme Court · 1922
  4. State Ex Rel. West Virginia Sand & Gravel Co. v. Royal Indemnity Co.West Virginia Supreme Court · 1925
  5. Fulghum & Union Indemnity Co. v. StateSupreme Court of Florida · 1926

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

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