Testerman v. Hines
West Virginia Supreme Court
Error to Circuit Court, McDowell County. Action by J. A. Testerman against Walker D. Hines, Director General of Railroads. Judgment for plaintiff on demurrer to tke evidence and a conditional verdict, and defendant brings error.
1Opinion of the Court
POEEENBARGER, JUDGE :
The $150.00 judgment here complained of was recovered upon the theory of the negligent killing of the plaintiff’s cow by the defendant. It was rendered upon a demurrer to the evidence and a conditional verdict found by the jury. Hence, there is a single assignment of error based upon alleged insufficiency of the evidence to sustain the cause of action alleged.
The. cow was struck and badly injured by a light engine running forward and loose, that is, without ears attached to it, slightly up grade, at the rate of 18 or 20 miles per hour. Besides the engineer in his cab and…
2Cases cited4 opinions
- L. R. & F. S. Railway Co. v. TrotterSupreme Court of Arkansas · 1881
- New Orleans & Northeastern R. R. v. BourgeoisMississippi Supreme Court · 1888
- Harman v. Appalachian Power Co.West Virginia Supreme Court · 1915
- Edson v. Central RailroadSupreme Court of Iowa · 1874
3Cited by2 opinions
- Virginian Ry. Co. v. ArmentroutCourt of Appeals for the Fourth Circuit · 1946
- Pinfold Ex Rel. Pinfold v. HendricksWest Virginia Supreme Court · 1971