Carter Coal Co. v. Bates
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Tazewell county in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error.
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Error to a judgment of the Circuit Court of Tazewell county in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. This is a personal injury case in which the defendant in error was plaintiff in the court below, and recovered a verdict against the plaintiff in error, the defendant in the court below, for the sum of $1,200 for the loss of the end of the thumb of his left hand, which was crushed in a certain operation of a gathering motor and the car following it, in the coal mine of the plaintiff in error. The parties will be hereinafter referred to as the…
1Opinion of the Court
Sims, J., after making the foregoing statement, delivered the following opinion of the court:
■ • The material questions raised by the. assignments of error will be disposed of in their order as stated below.
1. Is the plaintiff’s action barred under the statute of limitations requiring it to be instituted within one year after the injury complained of occurred?
In our opinion this question must be answered in the negative.
■ [1, 2] The injury complained of occurred in Tazewell county on the 6th day of September, 1917. The original writ of summons commencing the action was issued by the clerk in…
2Cases cited11 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Knisley v. . PrattNew York Court of Appeals · 1896
- Denver & R. G. R. Co. v. NorgateCourt of Appeals for the Eighth Circuit · 1905
- Va. Fire & Marine Insurance v. VaughanSupreme Court of Virginia · 1892
- Noell v. NoellSupreme Court of Virginia · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mowery v. HittWest Virginia Supreme Court · 1971
- Davis v. McCallSupreme Court of Virginia · 1922
- Atlantic Coast Line Railroad v. BellCourt of Appeals of Virginia · 1928
- O'Neill v. Windshire-Copeland Associates, L.P.Supreme Court of Virginia · 2004
- Clinchfield Coal Corp. v. HawkinsSupreme Court of Virginia · 1921
1 more not listed; retrieve them via the Exa API.