Carson v. Jackson Land & Mining Co.
West Virginia Supreme Court
Error to Circuit Court, Harrison County. Action by George R. Carson against the Jackson Land & Mining Company and others. Demurrer to declaration sustained, and plaintiff, not desiring to amend, judgment of nil capiat was rendered, and plaintiff brings error.
1Opinion of the Court
Ritz, Judge:
This suit was instituted for the purpose of recovering damages for the death of plaintiff’s intestate from a fall through a bridge, which it is claimed the defendants were under the duty to keep in good order and repair. The court below sustained a demurrer to the declaration as amended, and the plaintiff, not desiring to further amend, a judgment of nil capiat was rendered, to review which this writ óf error is prosecuted.
The declaration as amended alleges that in .the year 1911 ■the defendants were the owners of a tract or parcel of land situate near the city of Clarksburg, ■…
2Cases cited13 opinions
- City of Bellevue v. DalyIdaho Supreme Court · 1908
- Cook v. TottenWest Virginia Supreme Court · 1901
- Hammond v. HammondSupreme Court of Pennsylvania · 1917
- Kirkland v. PitmanSupreme Court of Georgia · 1904
- Brill v. . BrillNew York Court of Appeals · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nielson v. SandbergUtah Supreme Court · 1943
- Whalen v. RuizCalifornia Supreme Court · 1953
- Hayes v. TompkinsCourt of Appeals of South Carolina · 1985
- Greiner v. Columbia Gas Transmission Corp.District Court, S.D. West Virginia · 1999
- Moran v. EdmanWest Virginia Supreme Court · 1995
3 more not listed; retrieve them via the Exa API.