State v. B. & O. R. R.
West Virginia Supreme Court
The circuit court of the county of Mineral on the 3cl clay of June, 1878, rendered a judgment against The Baltimore and Ohio Railroad Company for Sabbath-breaking. This is a writ of error, granted on the petition of said company to the judgment of said court then rendered. Hon. James D. Armstrong, judge of the fourth judicial circuit, rendered the judgment complained of.
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The circuit court of the county of Mineral on the 3cl clay of June, 1878, rendered a judgment against The Baltimore and Ohio Railroad Company for Sabbath-breaking. This is a writ of error, granted on the petition of said company to the judgment of said court then rendered. Hon. James D. Armstrong, judge of the fourth judicial circuit, rendered the judgment complained of. GREEN, PRESIDENT, furnishes the following statement of the case: This was an indictment against The Baltimore & Ohio Railroad Company in the circuit court of Mineral county for laboring at its trade by running over its track…
1Opinion of the Court
Gbeek, President,
delivered .the opinion of the Court:
The demurrer to the indictment in this case presents the question : Can a corporation be indicted for a misdemeanor, and if so, what must be the nature of the such misdemeanor ? A clear view of the extent and character of the liability of a corporation in a civil suit for torts must be had before we can determine, whether it can be indicted for a misdemeanor. It was at first doubted whether a corporation was in any case liable in a civil suit for a tort of its agents, and especially whether an action ot trespass would lie against a…
2Cases cited20 opinions
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Ex parte NewmanCalifornia Supreme Court · 1858
- Maynard v. Fireman's Fund InsuranceCalifornia Supreme Court · 1867
- Fox v. Northern LibertiesSupreme Court of Pennsylvania · 1841
- Hay v. Cohoes Co.New York Supreme Court · 1848
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3Cited by31 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Mandolidis v. Elkins Industries, Inc.West Virginia Supreme Court · 1978
- Standard Oil Co. v. StateTennessee Supreme Court · 1906
- State Ex Rel. Heck's, Inc. v. GatesWest Virginia Supreme Court · 1965
- Transportation Co. v. Standard Oil Co.West Virginia Supreme Court · 1902
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