Legal Opinion

Lowry v. Baltimore & Ohio Railroad

West Virginia Supreme Court

Decided September 22, 1914PublishedCited by 5 opinions

Error to Circuit Court, Jefferson County. Action by William Lowry against the Baltimore & Ohio Railroad Company, Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Milder, Presideot :

Plaintiff complains that the court below sustained defendant’s demurrer to his evidence and pronounced judgment of nil capiat against him.

He sued for damages for alleged injuries sustained while alighting from defendant’s railway train at Eearneysville, in Jefferson County, due to the alleged negligence of defendant in failing to furnish him with a reasonably safe and convenient place on which to alight, and a reasonably safe and convenient passage therefrom, as it was its bounden and lawful duty to do.

The material facts are, that at Eearneysville, defendant’s railroad…

2Cases cited5 opinions

  1. Chesapeake & Ohio Railway Co. v. SmithSupreme Court of Virginia · 1905
  2. Eckerd v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1886
  3. Norfolk & Western Railway Co. v. HawkesSupreme Court of Virginia · 1904
  4. Louisville Nashville Railroad v. RickettsCourt of Appeals of Kentucky · 1892
  5. Chicago, Rock Island & Pacific Railroad v. DingmanAppellate Court of Illinois · 1878

3Cited by5 opinions

  1. Pritchard v. City Lines of West Virginia, Inc.West Virginia Supreme Court · 1951
  2. Nutter v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1932
  3. Donnally v. PayneWest Virginia Supreme Court · 1921
  4. Twyman v. Baltimore & O. R. Co.Court of Appeals for the Fourth Circuit · 1924
  5. Donnally v. PayneWest Virginia Supreme Court · 1921

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