Legal Opinion

Sole v. Kindelberger

West Virginia Supreme Court

Decided October 3, 1922PublishedCited by 14 opinions

Error to Circuit Court, Ohio County. Action by Ray Sole against Samuel Kindelberger. From an order setting aside the verdict of tbe jury and awarding defendant a new trial, plaintiff brings error.

1Opinion of the Court

Lively, Judge:

Plaintiff prosecutes this writ of error from an order of the circuit court entered February 25, 1922, setting aside the verdict of the jury and awarding defendant a new trial.

The action is for damages for personal injuries received by plaintiff while employed by defendant as a structural iron worker. Defendant was engaged in dismantling a building known as the Benwood Brewery Company’s brewery, a three-story building, and had employed various workmen for that purpose, among whom was plaintiff, Ray Sole. Defendant had not elected to protect himself and his employees under the…

2Cases cited1 opinion

  1. State ex rel. Duluth Brewing & Malting Co. v. District CourtSupreme Court of Minnesota · 1915

3Cited by14 opinions

  1. New Amsterdam Casualty Co. v. SumrellCourt of Appeals of Georgia · 1923
  2. Lee-Norse Co. v. RutledgeWest Virginia Supreme Court · 1982
  3. Plummer v. Workers' Compensation DivisionWest Virginia Supreme Court · 2001
  4. Kincannon v. State Compensation CommissionerWest Virginia Supreme Court · 1929
  5. McShan v. HeaberlinWest Virginia Supreme Court · 1928

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