Legal Opinion

Cicerello v. C. & O. Railway Co.

West Virginia Supreme Court

Decided March 30, 1909PublishedCited by 14 opinions

■Error to Circuit Court, Putnam County. Action by Bruno Cicerello, administrator of tlie estate of Prank Olvino, deceased, against the Chesapeake & Ohio Railway Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Miller, President.

The plaintiff, as personal representative of Prank Olvino, deceased, seeks recovery of damages from defendant, for negligently causing the death of decedent on February 8, 1907, while employed by .Rinehart & Dennis, independent contractors, near Scott station, in Putnam county, in excavating and widening a hill side cut for another track along defendant's main line. Ol-vino's duty, as alleged, was to keep defendant's main track cleared of the dirt and rock which fell from the steam shovel employed in making the excavation. The negligence charged is, that defendant's servants…

2Cases cited19 opinions

  1. Halstead v. HortonWest Virginia Supreme Court · 1894
  2. Baltimore & Ohio Railroad v. State ex rel. TrainorCourt of Appeals of Maryland · 1871
  3. Jeffersonville Railroad v. Swayne's AdministratorIndiana Supreme Court · 1866
  4. Schultz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
  5. Myers & Axtell v. TriceSupreme Court of Virginia · 1890

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3Cited by14 opinions

  1. Starcher v. South Penn Oil Co.West Virginia Supreme Court · 1918
  2. State v. JonesWest Virginia Supreme Court · 1919
  3. State Ex Rel. Linger v. County Court of Upshur CountyWest Virginia Supreme Court · 1965
  4. Flowers v. Virginian Railway Co.Supreme Court of Virginia · 1923
  5. Colley v. CalhounWest Virginia Supreme Court · 1921

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

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