Legal Opinion

Louis v. Smith-McCormick Construction Co.

West Virginia Supreme Court

Decided April 3, 1917PublishedCited by 20 opinions

Error to Circuit Court, Morgan County. Action by Pete Louis against tbe Smith-McCormick Construction Company. Judgment for defendant on sustaining tbe demurrer to tbe petition, and plaintiff brings error.

1Opinion of the Court

Poffenbarger, Judge:

Tbis writ of error brings up for review tbe trial court’s rulings upon tbe legal sufficiency of an original and an amended declaration for damages for a personal injury, sustained by an employee, demurrers to both having been sustained and the action dismissed.

A threshold inquiry is tbe character of the liability tbe pleadings in question seek to enforce. A declaration for *161common law liability differs in its requirements from one for a statutory liability. Tbe enactment of the Workmen’s Compensation Act applicable only to certain classes of employers, subjects them to…

2Cases cited16 opinions

  1. Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
  2. Snyder v. Wheeling Electrical Co.West Virginia Supreme Court · 1897
  3. Bralley v. Norfolk & Western Ry. Co.West Virginia Supreme Court · 1909
  4. Nyback v. Champagne Lumber Co.Court of Appeals for the Seventh Circuit · 1901
  5. Hess v. RosenthalIllinois Supreme Court · 1896

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

3Cited by20 opinions

  1. Jones v. Rinehart & Dennis Co.West Virginia Supreme Court · 1933
  2. Steagall v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1920
  3. Lopez v. HeesenNew Mexico Supreme Court · 1961
  4. Thorn v. Addison Bros. & Smith, Inc.West Virginia Supreme Court · 1937
  5. West Lumber Co. v. SmithTexas Commission of Appeals · 1927

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

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