Baltimore & Ohio Railroad v. Christie
West Virginia Supreme Court
Action of trespass on the case in the circuit court of Wood county. Declaration filed June rules, 1865, alleging the loss of a trunk of plaintiff’s wife, who was a passenger on defendant’s railroad, of the value of four hundred and sixty-five dollars. Trial and verdict for defendant at December term, 1867- Verdict set aside and new trial granted. Subsequently an amended declaration was filed, and at February rules, 1868, writ of enquiry to next term.
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Action of trespass on the case in the circuit court of Wood county. Declaration filed June rules, 1865, alleging the loss of a trunk of plaintiff’s wife, who was a passenger on defendant’s railroad, of the value of four hundred and sixty-five dollars. Trial and verdict for defendant at December term, 1867- Verdict set aside and new trial granted. Subsequently an amended declaration was filed, and at February rules, 1868, writ of enquiry to next term. Another trial was had, and verdict and judgment for the plaintiff for the value of the trunk and contents, and interest. Upon the amended…
1Opinion of the Court
Maxwell, -J.
The first ground of error assigned in this case is that, when the plaintiff filed his amended declaration he should have given the defendant a rule to plead, instead of taking a conditional judgment against it as for want of appearance. It appears from the order entered at rules that “the defendant being summoned and not appearing,” a conditional judgment was taken against it according to the statute, Code p. 605, § 44.
*328The next point made is that no plea having been filed to the amended declaration, nor any issue raised under it, it was error to swear the jury to try the issue…
2Cases cited1 opinion
- Thallhimer v. BrinckerhoffNew York Supreme Court · 1830
3Cited by16 opinions
- Shrewsbury v. MillerWest Virginia Supreme Court · 1877
- Coyle v. B. & O. R. R.West Virginia Supreme Court · 1877
- State v. DouglassWest Virginia Supreme Court · 1882
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Ruffner v. HillWest Virginia Supreme Court · 1882
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