Legal Opinion

Sunday Creek Co. v. Gray

Court of Appeals for the Fourth Circuit

Decided November 9, 1916No. 1445PublishedCited by 1 opinion

In Error to the District Court of the United States for the Southern District of West Virginia, at Charleston; Benjamin F. Keller and John C. Rose, Judges. Action by Basil Gray, administrator of the estate of Paul Jackson, deceased, against the Sunday Creek Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

KNAPP, Circuit Judge.

The administrator of Paul Jackson, an employé of Sunday Creek Company, plaintiff in error, brought suit against it, under a West Virginia statute, for negligently causing the defath of his intestate, and recovered a judgment which this writ of error seeks to reverse. Jackson was a coal loader in one of the company’s mines, and had been so employed for eight or nine months. The place where he worked on the day of the accident was a miie or *327so from the mine entrance. At quitting time he, with several others, boarded an empty coal car, drawn by a mule; for the purpose of…

2Cases cited3 opinions

  1. Ellsworth v. MetheneyCourt of Appeals for the Sixth Circuit · 1900
  2. Humphreys v. Raleigh Coal & Coke Co.West Virginia Supreme Court · 1914
  3. Pennsylvania Utilities Co. v. BrooksCourt of Appeals for the Third Circuit · 1916

3Cited by1 opinion

  1. Kaemmerling v. Athletic Mining & Smelting Co.Court of Appeals for the Eighth Circuit · 1924

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