Legal Opinion

Ketterman v. Dry Fork Railroad Co.

West Virginia Supreme Court

Decided December 21, 1900PublishedCited by 90 opinions

Error to Circuit Court, Tucker County. Action by Mary S. Ketterman against the Dry Fork Railroad Company. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Brannon, Judge:

Michael Ketterman and several other section hands working on the Dry Fork railroad, at the close of the day’s labor started home upon a handcar of said railroad, and a car, which had just been loaded with lumber, from .some cause broke away, ran down a heavy grade and overtook and collided with the handcar and killed Ketterman, and his administratrix sued the Dry Fork *608Railroad Company to recover.damages for his death. The court, on motion of the defendant, excluded the plaintiff’s evidence and directed the jury to find a verdict for the defendant, and upon such verdict gave…

2Cases cited45 opinions

  1. Improvement Company v. MunsonSupreme Court of the United States · 1872
  2. Merchants' Bank v. State BankSupreme Court of the United States · 1871
  3. Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
  4. Pleasants v. FantSupreme Court of the United States · 1875
  5. Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877

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3Cited by90 opinions

  1. Hartley v. CredeWest Virginia Supreme Court · 1954
  2. Hartley v. CredeWest Virginia Supreme Court · 1954
  3. Matthews v. Cumberland & Allegheny Gas Co.West Virginia Supreme Court · 1953
  4. Escallier v. Great Northern Ry. Co.Montana Supreme Court · 1912
  5. Hollen v. LingerWest Virginia Supreme Court · 1966

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