Warden v. Hines
West Virginia Supreme Court
Error to Circuit Court, Mercer County. Action by W. L. Warden against Walker D. Hines, Director General of Bailroads. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Lively, Judge:
This writ of error and supersedeas brings up for review a judgment of the Circuit Court of Mercer County, rendered against plaintiff in error on June 4, 1920.
W. L. Warden owned two milch cows and on the evening of October 6, 1919, drove them in his cow pen at Nemours in Mercer County, and next morning, finding the cows had gone out of the gate, some one having carelessly left it open, tracked them down toward the railroad track of the N. & W. 'Ey. Co., a distance of about 500 yards. One of the cows had gone to the railroad crossing, where she had been struck by a west bound…
2Cases cited11 opinions
- Layne v. Ohio River R'dWest Virginia Supreme Court · 1891
- Whelan v. Railroad Co.West Virginia Supreme Court · 1912
- Harvey Coal & Coke Co. v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1911
- Toudy v. Norfolk & W. R.West Virginia Supreme Court · 1894
- Underwood v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1916
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