Gerity's Admx. v. Haley
West Virginia Supreme Court
Statement of the case by-GREEN, Judge : This was an action on the case brought September 13,1882, in the Circuit Gourt of Ohip county by Catharine Gerity, acL-miuistratrix of Patrick Gerity, against James Haley to recover damages for the wrongful act, neglect and default of ■said Haley, whereby the plaintiff’s intestate, Patrick Gerity, lost his life.
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Statement of the case by-GREEN, Judge : This was an action on the case brought September 13,1882, in the Circuit Gourt of Ohip county by Catharine Gerity, acL-miuistratrix of Patrick Gerity, against James Haley to recover damages for the wrongful act, neglect and default of ■said Haley, whereby the plaintiff’s intestate, Patrick Gerity, lost his life. There was a demurrer to the declaration, which the court, overruled; the defendant pleaded not guilty; and issue was joined on that plea. The plaintiff having introduced and submitted all her evidence, the defendant moved the court to exclude it…
1Opinion of the Court
GeeeN, Judge:
This suit is brought under chapter 103, sections 5 and 6 of the code (Warth’s Am. Code 634), which provide, that a suit may be brought by the personal representative of a deceased person, whose death has been caused by the wrongful act, neglect or default of another, whenever the act, neglect or default is such, as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof. In this case the court on motijn of the defendant excluded all the plaintiff’s evidence. This should never be done, except when regarding the…
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- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
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- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
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3Cited by17 opinions
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- Barrickman v. Marion Oil Co.West Virginia Supreme Court · 1898
- Williams v. Belmont Coal & Coke Co.West Virginia Supreme Court · 1904
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