Legal Opinion

Roy v. Chesapeake & Ohio Ry. Co.

West Virginia Supreme Court

Decided March 26, 1907PublishedCited by 2 opinions

Error to Circuit Court, Fayette County. Action by M. L. Roy against the Chesapeake & Ohio Railway Company. From a judgment before a justice, defendant appeals, and, from a judgment for plaintiff in the circuit court, it brings error.

1Opinion of the Court

Brannon, Judge:

M. L. Roy brought an action before a justice against the Chesapeake & Ohio Railway Company, which went to the circuit court of Fayette county by appeal, and was there tried by a jury, and verdict and judgment went against the railroad company, and it sued out a writ of error.

A question is raised as to bill of exceptions No. 2, whether it brings' the evidence, before this Court. We think it is sufficient to do so. We need not discuss it, as the principles touching bills of exception have been amply stated in prior decisions of this Court. We must not be over critical and rigid…

2Cases cited4 opinions

  1. Myrick v. Michigan Central RailroadSupreme Court of the United States · 1883
  2. Pennsylvania Railroad v. JonesSupreme Court of the United States · 1894
  3. Herring v. Chesapeake & Western RailroadSupreme Court of Virginia · 1903
  4. McConnell v. Norfolk & Western R. R.Supreme Court of Virginia · 1889

3Cited by2 opinions

  1. C. & O. Ry. Co. v. O'Gara, King & Co.Court of Appeals of Kentucky · 1911
  2. Missouri, K. & T. Ry. Co. v. PetersSupreme Court of Oklahoma · 1913

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