Legal Opinion

Underwood v. Chesapeake & Ohio Railway Co.

West Virginia Supreme Court

Decided May 16, 1916PublishedCited by 5 opinions

Error to Circuit Court, Pocahontas County. Action by Eittie Underwood against the Chesapeake & Ohio Eailway Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Mimas, Judge:

An action begun by plaintiff against defendant before a justice for damages for killing two- cows, the first a black one, on June 6, and the other, a spotted cow, on June 24, of the same year, tried on appeal to the circuit court, and resulting in a verdict and judgment for plaintiff for one hundred and thirty five dollars.

On the present writ of error, the only point relied on, presented by the several exceptions to the rulings of the trial court, is that there was no evidence of negligence justifying the verdict against defendant.

The case stands upon the plaintiff’s evidence,…

2Cases cited5 opinions

  1. Layne v. Ohio River R'dWest Virginia Supreme Court · 1891
  2. Talbott v. West Virginia C. & P. R'y Co.West Virginia Supreme Court · 1896
  3. Heard v. C. & O. Railway Co.West Virginia Supreme Court · 1885
  4. Harvey Coal & Coke Co. v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1911
  5. Carper v. Monongahela Valley Traction Co.West Virginia Supreme Court · 1916

3Cited by5 opinions

  1. Rosenau v. City of New Brunswick and Gamon Meter Co.Supreme Court of New Jersey · 1968
  2. Belleville Chamber of Commerce v. Town of BellevilleSupreme Court of New Jersey · 1968
  3. Garrett v. StateCourt of Appeals of Georgia · 1917
  4. Kay v. Director General of RailroadsWest Virginia Supreme Court · 1920
  5. Warden v. HinesWest Virginia Supreme Court · 1921

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