Legal Opinion

Rhodes v. J. B. B. Coal Co.

West Virginia Supreme Court

Decided October 24, 1916PublishedCited by 31 opinions

Error to Circuit Court, McDowell County. Action by Frank Rhodes, an infant, etc., against the J. B. B. Coal Company. Judgment for defendant awarding a new trial after verdict for plaintiff, and plaintiff brings error.

1Opinion of the Court

Miller, Judge :

From the judgment below setting aside the verdict and awarding defendant a new trial the plaintiff obtained the present writ of error.

The action is to recover damages for personal injuries sustained by plaintiff, an infant over fourteen, but under sixteen years of age, in defendant’s coal mine. The declaration is in three counts, the demurrer to which and to each count thereof was overruled; and the defendant’s two special pleas tendered were on plaintiff’s objection rejected.

Recovery is sought upon plaintiff’s supposed common law right of action for said injuries, due to…

2Cases cited14 opinions

  1. Noble State Bank v. HaskellSupreme Court of the United States · 1911
  2. State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
  3. Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
  4. Matter of Jensen v. . Southern Pacific Co.New York Court of Appeals · 1915
  5. Cunningham v. Northwestern Improvement Co.Montana Supreme Court · 1911

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

3Cited by31 opinions

  1. State Ex Rel. ACF Industries, Inc. v. ViewegWest Virginia Supreme Court · 1999
  2. Lester v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1978
  3. Rich v. RosenshineWest Virginia Supreme Court · 1947
  4. Taylor v. State Compensation CommissionerWest Virginia Supreme Court · 1955
  5. Mangus v. Proctor-Eagle Coal Co.West Virginia Supreme Court · 1921

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

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