Legal Opinion

Boyles v. Wheeling Traction Co.

West Virginia Supreme Court

Decided November 19, 1912PublishedCited by 2 opinions

Error to Circuit Court, Marshall County. Action by C. W. Boyles against the Wheeling Traction Company. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Robinson, Judge:

The jury found a verdict for plaintiff, the court set aside the' verdict and awarded a new trial, and plaintiff thereupon prosecuted this writ of error. He demands that the order disturbing the verdict be reversed and that judgment in his favor bes here entered.

The action is one seeking damages for injuries to a wagon,, harness, and horse belonging to plaintiff. Plaintiff’s- team, in charge of a driver, started from McMechen to Moundsville on a dark, foggy night in October. On one side of the public road where the injury occurred is the track of the defendant’s interurban…

2Cited by2 opinions

  1. Brogan v. Union Traction Co.West Virginia Supreme Court · 1915
  2. Buchanan v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1926

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