Louis v. Smith-McCormick Construction Co.
West Virginia Supreme Court
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
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Snyder v. Wheeling Electrical Co.West Virginia Supreme Court · 1897
- Bralley v. Norfolk & Western Ry. Co.West Virginia Supreme Court · 1909
- Nyback v. Champagne Lumber Co.Court of Appeals for the Seventh Circuit · 1901
- Hess v. RosenthalIllinois Supreme Court · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Jones v. Rinehart & Dennis Co.West Virginia Supreme Court · 1933
- Steagall v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1920
- Lopez v. HeesenNew Mexico Supreme Court · 1961
- Thorn v. Addison Bros. & Smith, Inc.West Virginia Supreme Court · 1937
- West Lumber Co. v. SmithTexas Commission of Appeals · 1927
15 more not listed; retrieve them via the Exa API.