Legal Opinion

Biggs v. Huntington

West Virginia Supreme Court

Decided February 5, 1889PublishedCited by 30 opinions

Statement of the case by Gkeen, Judge ; This was a suit brought by William Biggs, Sr., against the city of Huntington before a justice of Cabell county in which the plaintiff claimed damages to the amount In his complaint the plaintiff claimed damages to the amount of $200.00 for this : that the plaintiff’s horse was killed on the 25th of September by falling into a hole or well on'ahd adjacent to the public and common highway known as “ Third Avenue ” in the corporate…

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Statement of the case by Gkeen, Judge ; This was a suit brought by William Biggs, Sr., against the city of Huntington before a justice of Cabell county in which the plaintiff claimed damages to the amount In his complaint the plaintiff claimed damages to the amount of $200.00 for this : that the plaintiff’s horse was killed on the 25th of September by falling into a hole or well on'ahd adjacent to the public and common highway known as “ Third Avenue ” in the corporate limits of the city of Huntington. To- this complaint the defendant, the city of Huntington, pleaded not guilty; aud thereupon…

1Opinion of the Court

Green, Judge :. In this case the question is raised as to the civil liability of a municipal corporation for an injury to a private person, caused by defective streets and sidewalks. ' The city of Huntington, the defendant, is a municipal corporation subject to section 53, c. 43, Code W. Va. 1887, p. 331, which provides, that “any person, who sustains an injury to his person or property by reason of a public road'or bridge in a county or by reason of a public road; bridge, street, sidewalk or allej1’ in an incorporated city, village or town being out of repair may recover all. damages…

2Cases cited5 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
  3. Chapman v. MiltonWest Virginia Supreme Court · 1888
  4. Keyes v. Village of MarcellusMichigan Supreme Court · 1883
  5. Sykes v. Town of PawletSupreme Court of Vermont · 1871

3Cited by30 opinions

  1. Gibson v. City of HuntingtonWest Virginia Supreme Court · 1893
  2. Taylor v. City of HuntingtonWest Virginia Supreme Court · 1944
  3. Parrish v. City of HuntingtonWest Virginia Supreme Court · 1905
  4. Warden v. City of GraftonWest Virginia Supreme Court · 1925
  5. Warth v. County Court of Jackson CountyWest Virginia Supreme Court · 1912

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