Taylor v. Chesapeake & Ohio Railway Co.
West Virginia Supreme Court
Case Certified from Circuit Court, Kanawba County. Action by W. 0. Taylor against tbe Chesapeake & Ohio Railway Company. Demurrer to declaration sustained, and questions presented, with circuit court’s rulings thereon, certified for review.
1Opinion of the Court
MlLLER, PRESIDENT:
The sufficiency of plaintiff’s declaration was challenged by defendant’s demurrer. The court below sustained the demurrer, and has certified the questions presented with its rulings thereon to us for review.
The substantial averments are that the plaintiff was owner of certain real estate and personal property in the town of Eskdale, situated upon and near the banks of Cabin Creek, a non-navigable stream, and about one hundred yards above the trestles or bridges of the defendant company crossing said creek; that on or about August 9, 1916, there was a cloud burst on the head…
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- Neal v. Ohio River R.West Virginia Supreme Court · 1899
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