Holt v. Otis Elevator Co.
West Virginia Supreme Court
Error to Circuit Court, Cabell County. Action by Homer E. Holt, Administrator, etc., against the Otis Elevator Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
POEEENBARGER, JUDGE:
A judgment of dismissal, entered in an action of trespass on the case, under somewhat anomalous conditions, has raised, upon this writ of error, some rather novel contentions.
Contenting itself with cross-examination of the plaintiff’s witnesses, the defendant offered no testimony on its own behalf. The plaintiff having introduced his evidence and rested his case, the defendant requested the court to give a peremptory instruction to find for it, and the plaintiff sought four instructions drafted upon the theory of sufficiency of the evidence to sustain a verdict. The court…
2Cases cited13 opinions
- Cruikshank v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1899
- Danks v. RodeheaverWest Virginia Supreme Court · 1885
- State v. PharesWest Virginia Supreme Court · 1884
- Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903
- Richmire v. Andrews & Gale Elevator Co.North Dakota Supreme Court · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- French v. SinkfordWest Virginia Supreme Court · 1948
- Poe v. PittmanWest Virginia Supreme Court · 1965
- Seagraves v. LeggWest Virginia Supreme Court · 1962
- Bower v. BrannonWest Virginia Supreme Court · 1955
- Shifflette v. LillyWest Virginia Supreme Court · 1947
22 more not listed; retrieve them via the Exa API.