Legal Opinion

Miller v. Berkeley Limestone Co.

West Virginia Supreme Court

Decided April 16, 1912PublishedCited by 9 opinions

Error to Circuit Court, Berkeley County. Action by Annie C. Miller against The Berkeley Limestone Company. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

WileiaMS, Judge:

Plaintiffs intestate, John W. H. Miller, was employed as a driller in defendant’s quarry, and on the 16th of July, 1907, was fatally injured by a rock falling upon him, and died shortly *645thereafter. This action is to recover damages for his death which plaintiff alleges was due to defendant’s negligence in not providing deceased a safe place to work. On a - demurrer to plaintiff’s evidence, the court rendered judgment for defendant, and plaintiff obtained this writ of error.

Counsel for plaintiff insist that the evidence was sufficient to prove negligence, and that the court…

2Cases cited21 opinions

  1. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  2. Armour v. HahnSupreme Court of the United States · 1884
  3. Finalyson v. Utica Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1895
  4. City of Minneapolis v. LundinCourt of Appeals for the Eighth Circuit · 1893
  5. Fraser v. Red River Lumber Co.Supreme Court of Minnesota · 1891

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

3Cited by9 opinions

  1. Miller v. United Fuel Gas Co.West Virginia Supreme Court · 1921
  2. Griffin v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1925
  3. Holton v. Clayco Gas Co.West Virginia Supreme Court · 1928
  4. Kinder v. Boomer Coal & Coke Co.West Virginia Supreme Court · 1918
  5. Smith v. United Fuel Gas Co.West Virginia Supreme Court · 1922

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

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