Legal Opinion

Carnefix v. Kanawha & Michigan Railroad

West Virginia Supreme Court

Decided January 27, 1914PublishedCited by 20 opinions

Error to Circuit Court, Payette Couuty. Action by J. W. Carnefix, administrator, against the Kana-wha & Michigan Railroad Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Lynch, Judge :

By an action of trespass on the case, J. W. Carnefix, administrator, seeks recovery of damages from the Kanawha. & Michigan Railroad Company for the killing of his son, Roy A. Carnefix, at a public crossing. From a judgment on the verdict of a jury, defendant obtained a writ of error.

The decedent, a young man fifteen years of age, was killed at a public crossing, about six o’clock in the morning of August 29, 1910. He was driving a two horse team and wagon from Boomer to Hauley Bridge. He and the train were moving in the same general direction up and on the north side of the…

2Cases cited8 opinions

  1. Kimball & Fink v. Friend's Adm' rSupreme Court of Virginia · 1897
  2. Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
  3. Ewing v. Lanark Fuel Co.West Virginia Supreme Court · 1909
  4. Southern Railway Co. v. Bryant's Adm'rSupreme Court of Virginia · 1897
  5. McBride v. Northern Pacific R. R.Oregon Supreme Court · 1890

3 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Gilkerson v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1946
  2. Davis v. SargentWest Virginia Supreme Court · 1953
  3. Cavendish v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1924
  4. Tawney v. KirkhartWest Virginia Supreme Court · 1947
  5. Parsons v. New York Central RailroadWest Virginia Supreme Court · 1945

15 more not listed; retrieve them via the Exa API.

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