Holsberry v. City of Elkins
West Virginia Supreme Court
Error to Circuit Court-, Randolph County. Action by Ruhalia Holsberry and others against the city of Elkins. Judgment for defendant, and plaintiffs bring error.
1Opinion of the Court
Williams, PRESIDENT:
The principal question, presented on this writ of error prosecuted by the plaintiff to a judgment for the defendant, the city of Elkins, in an action of trespass on the case for injury alleged to have been received on account of a sidewalk of the city being out of repair, causing plaintiff to slip and fall, is, was the sidewalk out of repair within the meaning of section 154, ch: 43, Code 1918, giving a right of action to the party injured against an incorporated town or city? This is a practical question. Plaintiff was going to church about 7 o’clock in the evening and…
2Cases cited4 opinions
- Yeager v. City of BluefieldWest Virginia Supreme Court · 1895
- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
- Gibson v. City of HuntingtonWest Virginia Supreme Court · 1893
- Boyland v. City of ParkersburgWest Virginia Supreme Court · 1916
3Cited by16 opinions
- Long v. City of WeirtonWest Virginia Supreme Court · 1975
- Hatten v. Mason Realty CompanyWest Virginia Supreme Court · 1964
- Morris v. City of WheelingWest Virginia Supreme Court · 1954
- Ambrose v. YoungWest Virginia Supreme Court · 1925
- Rich v. RosenshineWest Virginia Supreme Court · 1947
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