Stuck v. Kanawha & Michigan Railway Co.
West Virginia Supreme Court
Error to Circuit Court, Kanawha County. Action by Edward Stuck, an infant, who sues, etc., against the Kanawha & Michigan Railway Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
PRESIDENT:
The action is on the part of an infant to recover from a railway company damages for personal injury. The trial court excluded plaintiff’s evidence, directed a verdict for defendant, and entered judgment of nil capiat thereon.
The injury occurred while plaintiff was walking along a path between the main line and a siding, within the corporate limits of the city of Charleston. At the time, plaintiff was nine years and eight months old. He and a number of other boys had been playing marbles on a public road near the railroad. From the game of marbles he had started to go to his home on…
2Cases cited8 opinions
- Raines v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1894
- Gunn v. Ohio River R.West Virginia Supreme Court · 1896
- Spicer v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1890
- Kelley v. Railroad Co.West Virginia Supreme Court · 1905
- Davidson v. Pittsburg, C. C. & St. L. Ry. Co.West Virginia Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Wilson v. EdwardsWest Virginia Supreme Court · 1953
- Webb v. SesslerWest Virginia Supreme Court · 1950
- State v. HarlowWest Virginia Supreme Court · 1952
- Yates v. MancariWest Virginia Supreme Court · 1969
- Frye v. McCrory Stores CorporationWest Virginia Supreme Court · 1959
17 more not listed; retrieve them via the Exa API.