Legal Opinion

McKain v. Baltimore & Ohio R. R. Co.

West Virginia Supreme Court

Decided March 2, 1909PublishedCited by 31 opinions

Error to Circuit Court, Marion Count)'-. Action by Charles J. McKain against the Baltimore & Ohio Railroad Companjr. There was a verdict for plaint iff, and, from an order setting the same aside and granting a new trial, he brings error.

1Opinion of the Court

Poffenbarger Judge:

Charles J. McKain complains of an order, made b)1- the circuit court of Marion county, setting aside a verdict in his favor for $300.00 and awarding the defendant, the Baltimore and Ohio Railroad Gompany, a new trial in the case. The action is for damages for false arrest. and imprisonment and assault and battery, alleged to have been committed by the defendant through its agents, and refusal to carry and transport the plaintiff, as it had contracted to do by selling him a ticket. The arrest was predicated on an alleged assault, committeed, at the Fairmont station of the…

2Cases cited9 opinions

  1. Dickson v. WaldronIndiana Supreme Court · 1893
  2. Gillingham v. Ohio River RailroadWest Virginia Supreme Court · 1891
  3. Sharp v. . Erie R.R. Co.New York Court of Appeals · 1906
  4. Deck v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1905
  5. Brill v. EddySupreme Court of Missouri · 1893

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

3Cited by31 opinions

  1. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1947
  2. Frank v. Wabash Railroad CompanySupreme Court of Missouri · 1956
  3. Clinchfield Coal Corp. v. ReddSupreme Court of Virginia · 1918
  4. Louisville & Nashville Railroad v. OwensCourt of Appeals of Kentucky · 1915
  5. State v. SoberSupreme Court of Connecticut · 1974

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

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