Legal Opinion

Heckert v. Central District & Printing Telegraph Co.

Court of Appeals for the Fourth Circuit

Decided July 11, 1913No. 1,146PublishedCited by 2 opinions

In Error to the District Court of the United States for the Northern District of West Virginia, at Philippi; Alston G. Dayton, Judge. Action by Ernest C. Heckert against the Central District & Printing Telegraph Company. Judgment for defendant, and plaintiff brings error.

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In Error to the District Court of the United States for the Northern District of West Virginia, at Philippi; Alston G. Dayton, Judge. Action by Ernest C. Heckert against the Central District & Printing Telegraph Company. Judgment for defendant, and plaintiff brings error. This is an action at law brought by the plaintiff in error against the Central District &■ Printing Telegraph Company, defendant in error, in the District Court of the United States for the Northern District of West Virginia. The plaintiff in error will be referred to as “plaintiff” and defendant in error will be referred to…

1Opinion of the CourtPritchard, Circuit Judge

(after stating the facts as ab®ve). While the record is silent as to the grounds Upon which the demurrer to the declaration was sustained, we gather from the contention of counsel that the learned judge who heard the case in the court below was of the opinion that the facts upon which plaintiff relied to sustain the charges of negligence against the defendant were innocent in themselves, and that had it not been for the negligent act of the city as well as that of the electric company plaintiff would not have sustained any injury. In other words, that the negligent acts of the defendant…

2Cases cited1 opinion

  1. Barto v. Iowa Telephone Co.Supreme Court of Iowa · 1904

3Cited by2 opinions

  1. G.M. McCrossin, Inc. v. West Virginia Board of RegentsWest Virginia Supreme Court · 1987
  2. Heckert v. Central District & Printing Telegraph Co.Court of Appeals for the Fourth Circuit · 1914

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