Fleming v. Railroad Co.
West Virginia Supreme Court
Error to Circuit Court, Marion County. Action by Joseph M. Fleming against The Baltimore and Ohio Eailroad Company. ’ Judgment for plaintiff and defendant brings error.
1Opinion of the Court
McWhorter, Judge :
This was an action of trespass on the ease brought in the circuit court of Marion County by Joseph M. Fleming against the Baltimore and Ohio Eailway Company for damages for obstructing a right of way over the tracks of the railway company to the saw mill of the plaintiff located between the tracks of the company and the Monongahela river near Fairmont. The case was tried before a jury which returned a verdict for the plaintiff, assessing the damages at fifteen hundred dollars. Defendant moved the court to set aside the verdict and grant it a new trial on the ground that the…
2Cases cited8 opinions
- Frohreich v. GammonSupreme Court of Minnesota · 1881
- Stevenson v. SmithCalifornia Supreme Court · 1865
- Vanderslice v. . NewtonNew York Court of Appeals · 1850
- Smiles v. HastingsNew York Supreme Court · 1857
- Lewis v. PaullSupreme Court of Alabama · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sanders v. Roselawn Memorial Gardens, Inc.West Virginia Supreme Court · 1968
- Jacobs v. WilliamsWest Virginia Supreme Court · 1910
- State Ex Rel. Dunn v. GriffithWest Virginia Supreme Court · 1954
- State Ex Rel. Dunn v. GriffithWest Virginia Supreme Court · 1954