Legal Opinion

Lyons v. Davy-Pocahontas Coal Co.

West Virginia Supreme Court

Decided March 2, 1915PublishedCited by 29 opinions

Error to Circuit Court, McDowell County. Action by T. J. Lyons against the Davy-Pocahontas Coal Company and others. Judgment for defendants, and plaintiff brings error. ■

1Opinion of the Court

Williams, Judge-.

Plaintiff recovered a verdict for $3,500 against Davy-Pocahontas Coal Company and P. A. Grady, in an action for malicious prosecution, and, on motion of defendants, the court set it aside and granted them a new trial. By this writ of error plaintiff seeks to have that order reversed and judgment entered here upon the verdict.

Defendants offered no evidence. The case was submitted to the jury upon plaintiff’s evidence alone, and instructions, with the result above stated. The material facts, as they appear from the uncontroverted testimony, are as follows: In November, 1913,…

2Cases cited8 opinions

  1. Merchants' Bank v. RawlsSupreme Court of Georgia · 1849
  2. Goodrich v. WarnerSupreme Court of Connecticut · 1852
  3. Johnson v. MillerSupreme Court of Iowa · 1884
  4. Fetty v. Huntington Loan Co.West Virginia Supreme Court · 1912
  5. Williamson v. Glen Alum Coal Co.West Virginia Supreme Court · 1913

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

3Cited by29 opinions

  1. Mayles v. Shoney's, Inc.West Virginia Supreme Court · 1990
  2. Preiser v. MacQueenWest Virginia Supreme Court · 1986
  3. Clark v. DruckmanWest Virginia Supreme Court · 2005
  4. Norfolk Southern Railway Co. v. HigginbothamWest Virginia Supreme Court · 2011
  5. Jarvis v. WEST VIRGINIA STATE POLICEWest Virginia Supreme Court · 2010

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

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